The KARNATAKA GOODS AND SERVICES TAX ACT, 2017

KARNATAKA ACT NO. 27 OF 2017 THE KARNATAKA GOODS AND SERVICES TAX ACT, 2017 Arrangement of section STATEMENT OF OBJECTS AND REASONS Sections: CHAPTER I PRELIMINARY 1. Short title, extent and commencement 2. Definitions CHAPTER II ADMINISTRATION 3. Officers under this Act 4. Appointment of officers 5. Powers of officers 6. Authorisation of officers of central tax as proper officer in certain circumstances CHAPTER III LEVY AND COLLECTION OF TAX 7. Scope of supply 8. Tax liability on composite and mixed supplies 9. Levy and collection 10. Composition levy 11. Power to grant exemption from tax 11A. Power not to recover Goods and Services Tax not levied or short-levied as a result of general practice CHAPTER IV TIME AND VALUE OF SUPPLY 12. Time of supply of goods 13. Time of supply of services 14. Change in rate of tax in respect of supply of goods or services 15. Value of taxable supply CHAPTER V INPUT TAX CREDIT 16. Eligibility and conditions for taking input tax credit 17. Apportionment of credit and blocked credits 18. Availability of credit in special circumstances 19. Taking input tax credit in respect of inputs and capital goods sent for job work 20. Manner of distribution of credit by Input Service Distributor 21. Manner of recovery of credit distributed in excess CHAPTER - VI REGISTRATION 22. Persons liable for registration 23. Persons not liable for registration 24. Compulsory registration in certain cases 1 25. Procedure for registration 26. Deemed registration 27. Special provisions relating to casual taxable person and non-resident taxable person. 28. Amendment of registration 29. Cancellation of registration 30. Revocation of cancellation of registration CHAPTER- VII TAX INVOICE, CREDIT AND DEBIT NOTES 31. Tax invoice 31A.Facility of digital payment to recipient 32. Prohibition of unauthorised collection of tax 33. Amount of tax to be indicated in tax invoice and other documents 34. Credit and debit notes CHAPTER VIII ACCOUNTS AND RECORDS 35. Accounts and other records 36. Period of retention of accounts CHAPTER- IX RETURNS 37. Furnishing details of outward supplies 38. Furnishing details of inward supplies 39. Furnishing of returns 40. First Return. 41. Claim of input tax credit and provisional acceptance thereof 42. Matching, reversal and reclaim of input tax credit.- 43. Matching, reversal and reclaim of reduction in output tax liability 44. Annual return 45. Final return 46. Notice to return defaulters 47. Levy of late fee 48. Goods and services tax practitioners CHAPTER-X PAYMENT OF TAX 49. Payment of tax, interest, penalty and other amounts 50. Interest on delayed payment of tax 51. Tax deduction at source 52. Collection of tax at source 53. Transfer of input tax credit 53A.Transfer of certain amounts CHAPTER XI REFUNDS 54. Refund of tax 55. Refund in certain cases 56. Interest on delayed refunds 2 57. Consumer Welfare Fund 58. Utilisation of Fund CHAPTER– XII ASSESSMENT 59. Self-assessment 60. Provisional assessment 61. Scrutiny of returns 62. Assessment of non-filers of returns 63. Assessment of unregistered persons 64. Summary assessment in certain special cases CHAPTER XIII AUDIT 65. Audit by tax authorities 66. Special audit CHAPTER XIV INSPECTION, SEARCH, SEIZURE AND ARREST 67. Power of inspection, search and seizure 68. Inspection of goods in movement 69. Power to arrest 70. Power to summon persons to give evidence and produce documents 71. Access to business premises 72. Officers to assist proper officers CHAPTER XV DEMANDS AND RECOVERY 73. Determination of tax 1[pertaining to the period up to Financial Year 2023-24]1 not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilfulmisstatement or suppression of facts.- 74. Determination of tax 1[pertaining to the period up to Financial Year 2023-24]1 not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts. 74A. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason pertaining to Financial Year 2024-25 onwards 75. General provisions relating to determination of tax 76. Tax collected but not paid to Government 77. Tax wrongfully collected and paid to Central Government or State Government 78. Initiation of recovery proceedings 79. Recovery of tax 80. Payment of tax and other amount in instalments 81. Transfer of property to be void in certain cases 82. Tax to be first charge on property. 83. Provisional attachment to protect revenue in certain cases 84. Continuation and validation of certain recovery proceedings 3 CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES 85. Liability in case of transfer of business 86. Liability of agent and principal 87. Liability in case of amalgamation or merger of companies 88. Liability in case of company in liquidation 89. Liability of directors of private company. 90. Liability of partners of firm to pay tax. 91. Liability of guardians, trustees etc. 92. Liability of Court of Wards, etc 93. Special provisions regarding liability to pay tax, interest or penalty in certain cases 94. Liability in other cases CHAPTER XVII ADVANCE RULING 95. Definitions. 96. Constitution of Authority for Advance Ruling 97. Application for advance ruling 98. Procedure on receipt of application 99. Constitution of Appellate Authority for Advance Ruling 100. Appeal to the Appellate Authority 101. Orders of Appellate Authority 101A. Constitution of National Appellate Authority for Advance Ruling 101B.Appeal to National Appellate Authority 101C.Order of National Appellate Authority 102. Rectification of advance ruling. 103. Applicability of advance ruling. 104. Advance ruling to be void in certain circumstances 105. Powers of Authority and Appellate Authority 106. Procedure of Authority and Appellate Authority. CHAPTER–XVIII APPEALS AND REVISION 107. Appeals to Appellate Authority 108. Powers of Revisional Authority. 109. Appellate Tribunal and Benches thereof 110. XXX 111. Procedure before Appellate Tribunal 112. Appeals to Appellate Tribunal 113. Orders of Appellate Tribunal 114. XXX 115. Interest on refund of amount paid for admission of appeal 116. Appearance by authorised representative.- 117. Appeal to High Court. 118. Appeal to Supreme Court. 119. Sums due to be paid notwithstanding appeal etc. 4 120. Appeal not to be filed in certain cases.- 121. Non appealable decisions and orders. CHAPTER XIX OFFENCES AND PENALTIES 122. Penalty for certain offences. 122A. Penalty for failure to register certain machines used in manufacture of goods as per special procedure 122-B. Penalty for failure to comply with track and trace mechanism 123. Penalty for failure to furnish information return 124. Fine for failure to furnish statistics 125. General penalty. 126. General disciplines related to penalty. 127. Power to impose penalty in certain cases. 128. Power to waive penalty or fee or both 128A. Waiver of interest or penalty or both relating to demands raised under section 73, for certain tax periods 129. Detention, seizure and release of goods and conveyances in transit 130. Confiscation of goods or conveyances and levy of penalty. 131. Confiscation or penalty not to interfere with other punishments. 132. Punishment for certain offences. 133. Liability of officers and certain other persons. 134. Cognizance of offences. 135. Presumption of culpable mental state 136. Relevancy of statements under certain circumstances. 137. Offences by Companies. 138. Compounding of offences. CHAPTER XX TRANSITIONAL PROVISIONS 139. Migration of existing taxpayers. 140. Transitional arrangements for input tax credit. 141. Transitional provisions relating to job work 142. Miscellaneous transitional provisions. 143. Job work procedure. CHAPTER XXI MISCELLANEOUS 144. Presumption as to documents in certain cases. 145. Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence. 146. Common Portal. 147. Deemed Exports. 148. Special procedure for certain processes. 148-A. Track and trace mechanism for certain goods 149. Goods and services tax compliance rating. 150. Obligation to furnish information return. 151. Power to call for information 152. Bar on disclosure of information. 153. Taking assistance from an expert. 154. Power to take samples.- 5 155. Burden of Proof. 156. Persons deemed to be public servants. 157. Protection of action taken under this Act. 158. Disclosure of information by a public servant. 159. Publication of information in respect of persons in certain cases. 160. Assessment proceedings, etc. not to be invalid on certain grounds 161. Rectification of errors apparent on the face of record 162. Bar on jurisdiction of civil courts. 163. Levy of fee. 164. Power of Government to make rules. 165. Power to make regulations. 166. Laying of rules, regulations and notifications. 167. Delegation of powers. 168. Power to issue instructions or directions. 168A.Power of the Government to extend time limit in special circumstances 169. Service of notice in certain circumstances 170. Rounding off of tax etc. 171. Anti-profiteering Measure. 172. Removal of difficulties. 173. Repeals. 174. Saving. SCHEDULE I SCHEDULE II SCHEDULE III STATEMENT OF OBJECTS AND REASONS I Amending Act 27 of 2017.- Presently, the State Government levies value added tax, entry tax, luxury tax, special entry tax, entertainment tax, taxes on lotteries, betting tax etc. It also administers and collects Central Sales tax on behalf of Central Government, Similarly, the Central Government levies tax on, manufacture of certain goods in the form of Central Excise duty, provision of certain services in the form of service tax, inter-State sale of goods in the form of Central Sales tax Accordingly, there is multiplicity of taxes which are being levied on the same supply chain. 2. The Present tax system on goods and services is facing certain difficulties as under— (i) there is cascading of taxes as taxes levied by the State Government are not available as set off against the taxes being levied by the Central Government; (ii) certain taxes levied by State Government are not allowed as set off for payment of other taxes being levied by it; (iii) the variety of Value Added Tax Laws in the country with disparate tax rates and dissimilar tax practices divides the country into separate economic spheres; and (iv) the creation of tariff and non-tariff barriers such as octroi, entry tax, check posts, etc., hinder the free flow of trade throughout the country. Besides that, the large number of taxes create high 6 compliance cost for the taxpayers in the form of number of returns, payments, etc. 3. In view of the aforesaid difficulties, all the above mentioned taxes are proposed to be subsumed in a single tax called the goods and services tax which will be levied on supply of goods or services or both at each stage of supply chain starting from manufacture or import and till the last retail level. So, any tax that is presently being levied by the State Government or the Central Government on the supply of goods or services is going to be converged in goods and services tax which is proposed to be a dual levy where the State Government will levy and collect tax in the form of state goods and services tax and the Central Government will levy and collect tax in the form of central goods and services tax on intra-State supply of goods or services or both. 4. In view of the above, it has become necessary to have a State legislation, namely the Karnataka Goods and Services Tax Bill, 2017. The proposed legislation will confer power upon the State Government for levying goods and services tax on the supply of goods or services or both which takes place within the State. The proposed legislation will simplify and harmonise the indirect tax regime in the country. It is expected to reduce cost of production and inflation in the economy, thereby making the Indian trade and industry more competitive, domestically as well as internationally. Due to the seamless transfer of input tax credit from one stage to another in the chain of value addition, there is an in-built mechanism in the design of goods and services tax that would incentivise tax compliance by taxpayers. The proposed goods and services tax will broaden the tax base, and result in better tax compliance due to a robust information technology infrastructure. 5. The Karnataka Goods and Services Tax Bill, 2017, inter alia, provides for the following, namely:— (a) to levy tax on all intra-State supplies of goods or services or both, except supply of alcoholic liquor for human consumption, at a rate to be notified, not exceeding twenty per cent. as recommended by the Goods and Services Tax Council (the Council); (b) to broad base the input tax credit by making it available in respect of taxes paid on any supply of goods or services or both used or intended to be used in the course or furtherance of business; (c) to impose obligation on electronic commerce operators to collect tax at source, at such rate not exceeding one per cent. of net value of taxable supplies, out of payments to suppliers supplying goods or services through their portals; (d) to provide for self-assessment of the taxes payable by the registered person; (e) to provide for conduct of audit of registered persons in order to verify compliance with the provisions of the Act; (f) to provide for recovery of arrears of tax using various modes including detaining and sale of goods, movable and immovable property of defaulting taxable person; (g) to provide for powers of inspection, search, seizure and arrest to the officers; (h) to establish the Authority for Advance Ruling and the Appellate Authority for hearing appeals against the orders issued by the Authority for Advance Ruling; (i) to adopt the Goods and Services Tax Appellate Tribunal established by the Central Government for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority; 7 (j) to make provision for penalties for contravention of the provisions of the proposed Legislation; (k) to provide for an anti-profiteering clause in order to ensure that business passes on the benefit of reduced tax incidence on goods or services or both to the consumers; and (l) to provide for elaborate transitional provisions for smooth transition of existing taxpayers to goods and services tax regime. The Bill seeks to achieve the above objectives. [L.A. Bill No.19 of 2017, File No. Samvyashae 28 Shasana 2017] [entry 60 of List II of the Seventh Schedule to the Constitution of India.] II Amending Act 03 of 2019.- The Government of India has amended the Central Goods and Services Tax Act, 2017 by Central Goods and Services Tax (Amendment) Act, 2018 (Central Act No. 31 of 2018). Since Goods and Services Tax is a uniform Taxation System, all the States and Union Territories have to amend the respective Goods and Services Tax Acts as per the recommendations of Goods and Service Tax Council. Therefore, it is considered necessary to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) to implement the new return filling system and also to overcome the difficulties of filling return and payment of tax under the Goods and Services Tax Act on the lines recommended by the Goods and Service Tax Council. Since the matter was urgent and the Karnataka Legislative Assembly was not in session, the Karnataka Goods and Services Tax (Amendment) Ordinance, 2018 (Karnataka ordinance 1 of 2018) was promulgated to achieve the above object. This Bill seeks to replace the said Ordinance. Hence the Bill. [L.A. Bill No.11 of 2018, File No. Samvyashae 24 Shasana 2018] [Entry 60 of List II of the Seventh Schedule to the Constitution of India.] III Amending Act 23 of 2019.-The Parliament of India has enacted the Finance (No. 2) Act, 2019 (Central Act No.23 of 2019) wherein certain amendment to the Central Goods and Services Tax Act, 2017 was made. Similar Amendment to the Karnataka Goods and Services Tax Act, 2017 has to be made accordingly. Therefore, it is considered necessary to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) to,- (i) insert the words "the National Appellate Authority for Advance Ruling" in the definition of "adjudicating authority" so as to exclude that authority from the definition of adjudicating authority; (ii) provide alternative composition scheme for supplier of services or mixed suppliers (not eligible for the earlier composition scheme) 8 having an annual turnover in preceding financial year up to rupees fifty lakhs; (iii) provide for higher threshold exemption limit from rupees twenty lakhs to such amount not exceeding rupees forty lakhs in case of supplier who is engaged exclusively in the supply of goods; (iv) provide for mandatory Aadhaar submission or authentication for persons who intend to take or have taken registration under the said Act in such manner as may be notified by the Government on the recommendations of the Council; (v) provide that supplier shall mandatorily offer facility for digital payments to his recipient; (vi) provide for furnishing of annual returns and for quarterly payment of tax by taxpayer who opts for composition levy and to provide for certain other category of taxpayers, an option for quarterly and monthly payments under the proposed new return filing system; (vii) empower the Commissioner to extend the due date for furnishing Annual return and reconciliation statement; (viii) provide facility to the taxpayer to transfer an amount from one head to another in the electronic cash ledger; (ix) provide for charging interest only on the net cash tax liability, except in those cases where tax is paid subsequent to initiation of any proceedings under section 73 or 74 of the Act; (x) empower the Commissioner to extend the due date for furnishing of monthly and annual statement by the person collecting tax at source; (xi) provide for transfer of amount in the electronic cash ledger between the Centre and States as a consequence of the new facility given to the taxpayer under section 49; (xii) empower the government to transfer an amount equal to the amountwhich the Central Government has disbursed the refund of State tax; (xiii) include "the National Appellate Authority for Advance Ruling" in the definition of "advance ruling". It also seeks to insert clause (f) in section 95 of the Act to define "National Appellate Authority"; (xiv) provide for constitution of the National Appellate Authority for Advance Ruling and qualification, appointment, tenure, conditions of services and manner of removal of the President and Members of the National Appellate Authority as provided under the Central Goods and Services Tax Act; the proposed new section 101B seeks to provide for filing of appeals and the procedure to be followed for hearing appeals against conflicting advance rulings pronounced on the same question by the Appellate Authorities of two or more States or Union territories or both under sub-section (1) of section 101 or subsection (3) of section 101 of the Act; the proposed new section 101C seeks to provide that the National Appellate Authority shall pass order within a period of ninety days from the date of filing of the appeal. It also provides that where the members differ on any point, it shall be decided by majority; 9 (xv) bring the National Appellate Authority within the ambit of that section to empower it to rectify its advance ruling; (xvi) provide that the advance ruling pronounced by the National Appellate Authority shall be binding on the applicants, being distinct persons and all registered persons having the same Permanent Account Number and on the concerned officers or the jurisdictional officers in respect of the said applicants and the registered persons having the same Permanent Account Number. It also provides that the ruling shall be binding unless there is a change in law or facts; (xvii) provide that advance ruling pronounced by the National Appellate Authority shall be void where the ruling has been obtained by fraud or suppression of material facts or misrepresentation of facts; (xviii) provide that the National Appellate Authority shall have all the powers of a civil court under the Code of Civil Procedure, 1908 for the purpose of exercising its powers under the Act; (xix) provide that the National Appellate Authority shall have power to regulate its own procedure; (xx) empower the Authority to impose penalty equivalent to ten per cent. of the profiteered amount; and (xxi) give retrospective exemption to "Uranium Ore Concentrate" from the levy of State tax from 1st July, 2017 to 14th November, 2017. Hence the Bill. [L.A. Bill No.11 of 2019, File No. Samvyashae 24 Shasana 2019] [Entry 60 of List II of the Seventh Schedule to the Constitution of India.] [Article 246A of the Constitution of India] IV Amending Act 20 of 2020.- The Karnataka Goods and Services Tax Act, 2O17 was enacted with a view to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Government of Karnataka. In view of the spread of pandemic of COVID -19 across many countries of the world including India, causing immense loss to the lives of people, it has become imperative to relax certain provisions, including extension of time limit in the said Act. Accordingly, the Central Government has already promulgated the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 to amend the Central Goods and Services Tax Act, 2017 (Central Act 12 of 2017). Similar amendments have to be made in the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017). As the matter was urgent and both the Houses of the Karnataka Legislature were not in session, the Karnataka Goods and Services Tax (Amendment) Ordinance, 2020 (Karnataka ordinance 5 of 2020) was promulgated to achieve the above object. 10 In addition to that, the new tax regime had faced certain difficulties. In order to overcome the difficulties, as per the recommendation of GST Council, the Central Government already amended the Central Goods and Service Tax, 2Ol7 (Central Act 12 of 2017) by Finance Act 2O2O (Central Act 12 of 2O2O). Hence similar amendments have to be made in the Karnataka Goods and Services Tax Act, 2O17 (Karnataka Act 27 of 2017). Therefore it is also considered necessary to amend the Karnataka Goods and Services Tax Act, 2O17 (Karnataka Act No 27 of 2017), to provide for amendment of,- (1) clause (114) of section 2 so as to align the definition of "Union territory‖ in line with the Jammu and Kashmir Reorganization Act, 2019 and the Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories), Act, 2019; (2) clauses (b), (c) and (d) of sub-section (21 of section 10 to harmonise the conditions for eligibility for opting to pay tax under sub-section (1) and sub- section (2A) of the said Act; (3) sub-section (4) of section 16 so as to delink the date of issuance of debit note from the date of issuance of the underlying invoice for purposes of availing input tax credit; (4) clause (c) of sub- section (1) of section 29 so as to provide for cancellation of registration obtained voluntarily under sub-section (3) of section 25; (5) the proviso to sub-section (1) of section 30 so as to empower the jurisdictional tax authorities to extend the period provided to file an application for revocation of cancellation of registration; (6) section 31 so as to empower the Government to notify the categories of services or supplies in respect of which tax invoice shall be issued and to make rules regarding the time and manner of its issuance; (7) section 51 so as to empower the Government to make rules to provide for the form and manner in which a certificate of tax deduction at source shall be issued; (8) insertion of a new sub-section (1A) in section 122 so as to make the beneficiary of certain transactions at whose instance such transactions are conducted is liable for penalty; (9) section 132 so as to make the offence of fraudulent availment of input tax credit without invoice or bill cognizable and non-bailable under sub-section (1) of section 69 and to make any person who retains the benefit of certain transactions and at whose instance such transactions are conducted liable for punishment; (10) section 140 relating to transitional arrangements for input tax credit, so as to prescribe the time limit and the manner for availing input tax credit against certain un availed credit under the existing law. This amendment shall take effect retrospectively from the 1st day of July, 2017; (11) section 172 so as to extend the time limit provided for removal of difficulties there under from three years to five years, with effect from the date of commencement of the said Act; (12) paragraph 4 of Schedule II so as to omit the words "whether or not for consideration" so as to give clarity to the meaning of the entries (a) and (b) of said paragraph. This amendment shall take effect retrospectively from the 1st day of July, 2017; and (13) to provide retrospective exemption from State tax on supply of fishmeal, during the period from the 1st day of July, 2017 up to 30th day of September, 2019 (both days inclusive). It further seeks to retrospectively levy State tax at the reduced rate of six percent on supply of pulley, wheels and other parts (falling under heading 8483) and used as parts of agricultural machinery of headings 8432, 8433 and 8436, during the period from the 1st day 11 of July, 20I7 up to 31st day of December, 2018 (both days inclusive). It also seeks to provide that no refund shall be made of the tax which has already been collected. This Bill seeks to replace the above Ordinance. Hence the Bill. [L.A. Bill No. 48 of 2020, File No. Samvyashae 28 Shasana 2020] [Article 246A of the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No. 459 in part-IV dated: 15.10.2020] V Amending Act 39 of 2021.- The Karnataka Goods and Services Tax Act, 2O17 was enabled with a view to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Government of Karnataka. It is considered necessary to amend the Karnataka Goods and Services Tax Act, 2O17 (Karnataka Act No 27 of 2017) to,- (1) insert clause (aa), in section 7, in sub-section (1), after clause (a) of the Karnataka Goods and Services Tax Act (hereinafter referred to as principal Act), so as the activities or transactions, by a person other than an individual, to its members or constituents or vice-versa, shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another. This amendment shall take effect retrospectively from the 1st day of July, 2017; (2) insert clause (aa), in section 16, in sub-section (2), after clause ( a) so as in the statement of outward supplies has been furnished by the supplier and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37; (3) omit sub-section (5), in section 35; (4) substitute the section 44 so as to ease the furnishing of an annual return which may include a self-certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically. (5) substitute the proviso to sub-section (1) of section 50 so as the interest on tax payable in respect of supplies made during a tax period declared in the return for the said period furnished after the due date in accordance with the provisions of Section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger. This amendment shall take effect retrospectively from the 1st day of July, 2017; (6) substitute in section 74, the words and figures ―sections 122, 125, 129 and 130‖ by the words and figures ―sections 122 and 125‖; (7) insert Explanation in section 75, in sub-section (12) so that the expression ―self- assessed tax‖ shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39; (8) substitute sub-section (1) in section 83, so as for the purpose of protecting the interest of the Government revenue the Commissioner may, by order in writing, attach 12 provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (1A) of section 122, in such manner be prescribed; (9) insert proviso in section 107, in sub-section (6), so that no appeal shall be filed against an order under sub-section (3) of section 129, unless a sum equal to twenty-five per cent of the penalty has been paid by the appellant; (10) (i) substitute clause (a) and clause (b), in section 129, so as to impose penalty for goods and exempted goods if the owner of the goods comes forward for payment or does not come forward for payment of penalty; (ii) omit sub-section (2) in section 129; (iii) substitute sub-section (3) in section 129, so as to impose penalty on detaining of goods and procedure; (iv) so as to substitute in sub-section (4) of section 129, the words ―No tax , interest or penalty‖, by the words ― No penalty‖; (v) substitute sub-section (6) in section 129, so as to impose penalty on detained or seized goods procedure; (11) (i) in sub-section(1) in section 130, so as to substitute for the words ―Notwithstanding anything contained in this Act if‖, by the word ―Where‖; (ii) in sub-section(2) in section 130, so asto substitute for the words in the second proviso, for the words , brackets and figures ―amount of penalty leviable for under sub- section (1) of section 129‖, by the words ―penalty equal to hundred per cent. of the tax payable of such goods; (iii) so as to omit sub-section(3) in section 130; (12) substitute in section 151 of the principal Act so as the Commissioner or an officer authorized by him to furnish information relating to any matter dealt with in connection with this Act, within such time, in such form, and in such manner, as may be specified therein; (13) (i) in sub-section (1) in section 152 of the principal Act , to omit the words ―of any individual return or part thereof‖ and after the words ―any proceedings under this Act‖ to insert ―without giving opportunity of being heard to the person concerned‖; (ii) omit sub-section (2) in section 152; (14) omit paragraph 7 in schedule II, this amendment shall be deemed to have been omitted with effect from the 1st day of July, 2017. Hence, the Bill. [L.A. Bill No. 36 of 2021, File No. Samvyashae 39 Shasana 2021] [Article 246 A of the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No. 831 in part-IVA dated: 11.10.2021] VI Amending Act 36of 2022.-The Parliament of India has enacted the Finance Act, 2022 (Central Act No.06 of 2022) wherein certain amendments to the Central Goods and Services Tax Act, 2017 were made. Similar amendments to the Karnataka Goods and Services Tax Act, 2017 have to be made accordingly. Therefore, it is considered necessary to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) to,- (1) insert new clause (ba) after clause (b) in sub-section (2) of section 16,so as to provide that input tax credit with respect to a supply may be availed only when 13 such credit has not been restricted in the details communicated to the registered person under section 38. It further seeks to amend sub-section (4) by extending time limit so as to provide that a registered person shall not be entitled to take input tax credit in respect of any invoice or debit note after the thirtieth day of November following the end of the financial year to which such invoice or debit note pertains, or furnishing of relevant annual return, whichever is earlier. (2) to amend clause (b) of sub-section (2) of section 29,so as to provide that the registration of a person paying tax under section 10 is liable to be cancelled, if the return for a financial year has not been furnished beyond three months from the due date of furnishing of the said return. It further seeks to amend in clause (c) of the saidsub-section (2), so as to provide for prescribing continuous tax periods for which return has not been furnished, which would make a registration liable for cancellation, in respect of any registered person, other than a person specified in clause(b) thereof. (3) to amend sub-section (2) of section 34 by extending time limit, so as to provide for thirtieth day of November following the end of the financial year, or the date of furnishing of the relevant annual return, whichever is earlier, as the last date for issue ance of credit notes in respect of any supply made in a financial year. (4) to amendsub-section (1) of section 37 so as to provide for prescribing conditions and restrictions for furnishing the detail so outward supply and the conditions and restrictions as well as manner and time for communication of the details of such outward supplies to concerned recipients. It further seeks to omit sub-section (2) and first proviso to sub-section (1) so as to do away with two-way communication process in return filing. It also seeks to amend sub-section (3) so as to remove reference to unmatched details under section 42 or section 43,as the said sections are proposed to be omitted andby extending time limit to provide for thirtieth day of November following the end of the financial year or furnishing of the relevant annual return, whichever is earlier, as the last date for rectification of errors oromissionin respect of details of outward supplies furnished undersub-section (1). It also seeks to insert sub-section (4) so as to provide for tax period-wise sequential filing of details of outward suppliesundersub-section (1). (5) to substitute a new section for section 38, sub-section (1) seeks to provide for prescribing such other supplies as well as the manner, time, conditions and restrictions for communication of details of inward supplies and input tax credit to the recipient by means of an auto-generated statement and to do away with two-way communication process in return filing. Sub-section (2) seeks to provide for the details of inward supplies in respect of which in put tax credit may be availed and the details of supplies on which input tax credit cannot be availed by the recipient. (6) to amend sub-section (5) of section 39 so as to provide that the non-resident taxable person shall furnish there turn for a month within thirteen days after the end of the month or within seven days after the last day of the period of registration specified under sub-section(1)of section27,which ever is earlier. It further seeks to substitute the first proviso to sub-section(7)so as to provide an option to the persons furnishing return under proviso to sub- section (1) to pay either the self-assessed tax or an amount that may be prescribed. 14 It also seeks to amend sub-section (9) by removing reference of section 37 and section38 and to amend the proviso to said sub-section (9) by extending time limit, so as to provide for thirtieth day of November following the end of the financial year, or the date of furnishing of the relevant annual return, which ever is earlier, as the last date for the rectification of errors in the return furnished under section 39. It also seeks to amend sub-section (10) so as to provide for furnishing of details of outward supplies of a tax period under sub-section (1) of section 37 as a condition for furnishing the return under section 39 for the said tax period. (7) to substitute a new section for section 41 so as to do away with the concept of ―claim‖ of eligible input tax credit on a―provisional‖ basis and to provide for availment of self-assessed in put tax credit subject to such conditions and restrictions as may be prescribed. (8) to omit sections 42, 43 and 43A, section 42 is being omitted which relates to matching, reversal and reclaiming of input tax credit so as to do away with the concept of ―claim‖ of eligible input tax credit on a ―provisional‖ basis and subsequent matching, reversals and reclaim of such credit. It further seeks to omit section 43 relating to matching, reversal and reclaim of reduction in output tax liability so as to do away with two way communication process in return filing. It also seeks to omit section 43A. (9) to amend sub-section (1) of section 47 so as to provide for levy of late fee for delayed filing of return under section 52 and to remove reference of section 38 as there is no requirement of furnishing details of inward supplies by the registered person under the said section 38. (10) to amend sub-section (2) of section 48 so as to remove reference to section 38 there from as the reisno requirement of furnishing details of inward supplies by Goods and Service Tax Practitioner authorised by the registered person. (11) to amend sub-section (4) of section 49 so as to provide for prescribing restrictions for utilizing the amount available in the electronic credit ledger. It also seeks to insert sub-section (12) so as to provide for prescribing the maximum proportion of output tax liability which may be discharged through the electronic credit ledger. (12) to substitute a new sub-section for sub-section (3) of section 50 retrospectively, with effectfromthe1stJuly,2017,so as to provide for levy of interest on input tax credit wrongly availed and utilised, and to provide for prescribing manner of calculation of interest in such cases. (13) to amend proviso to sub-section(6) of section 52, by extending time limit, so as to provide for thirtieth day of November following the end of the financial year, or the date of furnishing of the relevant annual return,which ever is earlier, as the last date upto which the rectification of errors shall be allowed in the statement furnished under sub-section (4) by Electronic commerce operators. (14) to amend proviso to sub-section(1)of section54, so as to explicitly provide that claim of refund of any balance in the electronic cash ledger shall be made in such form and manner as may be prescribed. It further seeks to amend sub-section (2) so as to align it with sub-section (1) by extending time limit of two years from the last day of the quarter in which the supply was received for claiming refund of tax paid on inward supplies of goods or services or both by the person specified in the said sub-section. 15 It also seeks to amend sub-section (10) so as to extend the scope of the said sub-section to all types of refund claims. It also seeks to insert a new sub-clause (ba) in clause (2) of Explanation in order to provide clarity regarding the relevant date for filing refund claim in respect to supplies made to a Special Economic Zone developer or a Special Economic Zone unit. (15) It seeks to amend Notification (06/2018) No. FD 47 CSL 2017, dated23rd January,2018 to notify www.gst.gov.in, retrospectively with effective from28thJune, 2017 as the Common Goods and Services Tax Electronic portal, for all functions provided under Karnataka Goods and Service Tax Rules, 2017, save as otherwise provided in the Notification (23/2019) No. FD 47 CSL 2017, dated 21st December, 2019. (16) It seeks to amend Notification (13/2017)No. FD 47 CSL 2017 dated 29th June, 2017 to notify rate of Interest under sub-section (3) of section 50 of the Karnataka Goods and Services Tax Act, as 18%, retrospectively, with effect from the 1st day of July, 2017. (17) It seeks to provide retrospective exemption in the Notification (01/2017) No. FD 48 CSL 2017, dated: 29th June, 2017, from, or levy or collection of, state tax in respect of supply of unintended waste generated during production of fish meal (falling under heading 2301) except for fish oil, for the period commencing from 1st day of July, 2017 and ending with 30th day of September, 2019 (both days inclusive). It further seeks to provide that no refund shall be made of the said tax which has already been collected. (18) It seeks to give retrospective effect to Notification (25/2019) No. FD 48 CSL 2017,dated 30th September 2019,with effect from 1st day of July 2017(―Service by way of grant of alcoholic liquor license, against consideration in the form of license fee or application fee or by whatever name it is called shall be treated neither as supply of goods nor a supply of service under sub-section (2) of section7 of KGST Act, 2017.) It further seeks to provide that no refund shall be made of the said tax which has already been collected. Hence, the Bill. [L.A. Bill No. 19 of 2022, File No. SAMVYASHAE 21 SHASANA 2022] [Article 246A of the Constitution of India] [Published in Karnataka Gazette Extra-ordinary No.530 in part-IVA dated: 18.10.2022] 16 VII Amendment Act 32 of 2023:- The Karnataka Goods and Services Tax Act, 2017 was enacted to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Government of Karnataka. 2. However, the new tax regime had faced certain difficulties. In order to overcome the difficulties, it is proposed to amend the Karnataka Goods and Services Tax Act, 2017(Karnataka Act No. 27 of 2017). 3. The proposed Karnataka Goods and Services Tax (Amendment) Bill, 2023, inter alia, provides for the following, namely:- (1) Clause (d) of sub-section (2) and Clause (c) of sub-section (2A) in section 10 of the KGST Act is being amended so as to remove the restriction imposed on registered persons engaged in supplying goods through electronic commerce operators from opting to pay tax under the Composition Levy. (2) Second and third provisos to sub-section (2) of section 16 of the KGST Act are being amended to align the said sub-section with the return filing system provided in the said Act. (3) Explanation to sub-section (3) of section 17 of the KGST Act is being amended so as to restrict availment of input tax credit in respect of certain transactions specified in para 8(a) of Schedule III of the said Act, as may be prescribed, by including the value of such transactions in the value of exempt supply. Further, sub-section (5) of said section is also being amended so as to provide that input tax credit shall not be available in respect of 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. (4) Sub-section (1) and sub-section (2) of section 23 of the KGST Act are being amended, with retrospective effect from 01st July, 2017, so as to provide that persons for compulsory registration in terms of subsection (1) of section 22 and section 24 of the Act need not register if exempt under sub section (1) of section 23. (5) A new sub-section (5) in section 37 of the KGST Act is being inserted so as to provide a time limit up to which the details of out ward supplies under sub- section (1) of the said section for a tax period can be furnished by a registered person. Further, it also seeks to provide an enabling provision for extension of the 17 said time limit, subject to certain conditions and restrictions, for a registered person or a class of registered persons. (6) A new sub-section (11) in section 39 of the KGST Act is being inserted so as to provide a time limit upto which the return for a tax period can be furnished by a registered person. Further, it also seeks to provide an enabling provision for extension of the said time limit, subject to certain conditions and restrictions, for a registered person or a class of registered persons. 7 (7) A new sub-section (2) in section 44 of the KGST Act is being inserted so as to provide a time limit upto which the annual return under subsection (1) of the said section for a financial year can be furnished by a registered person. Further, it also seeks to provide an enabling provision for extension of the said time limit, subject to certain conditions and restrictions, for a registered person or a class of registered persons. (8) A new sub-section (15) in section 52 of the KGST Act is being inserted so as to provide a time limit upto which the statement under subsection (4) of the said section for a month can be furnished by an electronic commerce operator. Further, it seeks to provide an enabling provision for extension of the said time limit, subject to certain conditions and restrictions, for an electronic commerce operator or a class of electronic commerce operators. (9) Sub-section (6) of section 54 of the KGST Act is being amended so as to remove the reference to the provisionally accepted input tax credit to align the same with the present scheme of availment of self-assessed input tax credit as per sub- section (1) of section 41 of the said Act. (10) Section 56 of the KGST Act is being amended so as to provide for an enabling provision to prescribe manner of computation of period of delay for calculation of interest on delayed refunds. (11) Section 109 of the KGST Act is being amended to designate the GST Appellate Tribunal constituted under the provisions of the Central Goods and Services Tax Act to be the Appellate Tribunal for the purposes of KGST Act also and to re-designate area benches as State benches under section 117 of the KGST Act. (12) A new sub-section (1B) in section 122 of the KGST Act is being inserted so as to provide for penal provisions applicable to Electronic Commerce Operators in case of contravention of provisions relating to supplies of goods made through them by unregistered persons or composition taxpayers. 18 (13) Sub-section (1) of section 132 of the KGST Act is being amended so as to decriminalize offences specified in clause (g) and (j) of the said subsection and to increase the monetary threshold for launching prosecution for the offences under the said Act from one hundred lakh rupees to two hundred lakh rupees, except for the offences related to issuance of invoices without supply of goods or services or both. (14) First proviso to sub-section (1) of section 138 of the KGST Act is being amended so as to simplify the language of clause (a), to omit clause (b) and to substitute the clause (c) of said proviso so as to exclude the persons involved in offences relating to issuance of invoices without supply of goods or services or both from the option of compounding of the offences under the said Act. It further seeks to amend sub-section (2) so as to rationalize the amount for compounding of various offences by reducing the minimum as well as maximum amount for compounding. (15) Schedule III of the KGST Act is being amended to give retrospective applicability to Para 7, 8 (a) and 8 (b) of the said Schedule, with effect from 1st July, 2017, so as to treat the activities/ transactions mentioned in the said paragraphs as neither supply of goods nor supply of services. It is also being clarified that where the tax has already been paid in respect of such transactions/ activities during the period from 01st July, 2017 to 31st January, 2019, no refund of such tax paid shall be available. Hence, the Bill [L.A. Bill No. 06 of 2023, File No.

SAMVYASHAE 16 SHASANA 2023] [Article 246 A and Entry 60 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No.366 in part-IVA dated:01.08.2023] VIII Amendment Act 02 of 2024:- With the recommendations of GST Council, in its 51st meeting held on 02-08-2023, sections 2, 24 and Schedule III of the Central Goods and Services Tax Act, 2017 (Central Act No. 12 of 2017) was amended relating to the online gaming, online money gaming, specified actionable claims and virtual digital asset have been incorporated by the Central Goods and Services (Amendment) Act, 2023 (Central Act No. 30 of 2023). Whereas, the GST Council Secretariat has communicated on 11- 08-2023 to incorporate the corresponding amendments in respective state Goods and Services Tax Act with effect from 01-10-2023. Therefore It is considered necessary further to amend the Karnataka Goods and Services 19 Tax Act, 2017 (Karnataka Act 27 of 2017). As the matter was urgent and both Houses of the State Legislature were not in a session, The Karnataka Goods and Services Tax (Amendment) Ordinance, 2023 (Karnataka Ordinance 04 of 2023) was promulgated to achieve the above object. The amendments made under the Karnataka Goods and Services Tax (Amendment) Ordinance, 2023 (Karnataka Ordinance 04 of 2023), shall be without prejudice to the provisions of any other law for the time being in force, providing for prohibiting, restricting or regulating betting, casino, gambling, horse racing, lottery or online gaming. However,- (a) imposition of tax on Casinos, Horse racing and Online Gaming does not regularise the said trade; and (b) any crime committed in the course of the same is not immune from criminal action. This Bill seeks to replace the said Ordinance. Hence, the Bill. [L.A. Bill No.19 of 2023, File No. SAMVYASHAE 27 SHASANA 2023] [Article 246A and entry 60 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No.44 in part-IVA dated:30.01.2024] IX Amendment Act 36 of 2024.- The Karnataka Goods and Services Tax Act,2017 (Karnataka Act 27 of 2017) was enacted to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Government of Karnataka. The new tax regime had faced certain difficulties. In order to overcome the difficulties, it is proposed to amend the Karnataka Goods and Services Tax Act, 2017 Karnataka Act No. 27 of (2017). The proposed Karnataka Goods and Services Tax (Amendment) Bill, 2024, inter alia, provides for the following, namely:- (1) Clause (61) of section 20 of the Karnataka Goods and Services Tax Act, 2017 is being amended so as to create a clear distinction between the input service distribution transactions requiring the transfer of input tax credit related to the invoices for receipt of services received on behalf of distinct persons and actual supply of services from one distinct person to another and make it compulsory to distribute the credit. (2) Section 122A is being inserted to enable the levy of penalty for non- registration of machines used in the manufacture of tobacco products and pan masala. Hence, the Bill. [L.A. Bill No.29 of 2024, File No. SAMVYASHAE 40 SHASANA 2024] [Article 246 A and entry 60 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No. 388 in part-IVA dated:12.08.2024] 20 X Amendment Act 02 of 2025:- The Karnataka Goods and Services Tax Act, 2017 was enacted to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Government of Karnataka. As per the recommendation of the GST Council, the Central Government has already amended the Central Goods and Services Tax Act, 2017 (Central Act 12 of 2017) by Finance Act (No.2) 2024 (Central Act 15 of 2024) and the same has been published in the Gazette of India dated: 16th August, 2024, after the assent of the Hon‟ble President of India. The Government of India vide Notification No.17/2024- Central Tax Dated: 27.09.2024 has given the commencement date for the different provisions of the said Act. Whereas, parallelly there is a requirement to bring similar amendments to Karnataka Goods and Services Tax Act, 2017 to being a uniform taxation system. Whereas, new tax regime had faced certain difficulties. In order to overcome the difficulties, it is proposed to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act No. 27 of 2017). As the matter was urgent and both Houses of the State Legislature were not in session, The Karnataka Goods and Services Tax (Amendment) Ordinance, 2024 (Karnataka Ordinance No. 02 of 2024) was promulgated to achieve the above object. This Bill seeks to replace the said Ordinance. Hence, the Bill. [L.A. Bill No.49 of 2024, File No. SAMVYASHAE 54 SHASANA 2024] [Article 246A and entry 60 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No.14 in part-IVA dated:09.01.2025] 21 XI :- Amendment Act 43 of 2025 The Karnataka Goods and Services Tax Act, 2017 was enacted to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Government of Karnataka. However, the new tax regime had faced certain difficulties. In order to overcome the difficulties, it is proposed to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act No. 27 of 2017). The proposed Karnataka Goods and Services Tax (Amendment) Bill, 2025, inter alia, provides for the following, namely:- (1) (a) Clause 2 of the Bill seeks to amend section 2 of the Karnataka Goods and Services Tax Act, 2017 relating to definitions. It is proposed to amend the definition of “Input Service Distributor” in clause (61) of section 2 so as to explicitly provide for distribution of input tax credit by the Input Service Distributor in respect of inter-state supplies on which tax has to be paid on reverse charge basis, by inserting reference to sub- section (3) and sub-section (4) of section 5 of the Integrated Goods and Services Tax Act in the definition of Input Service Distributor; (b) This amendment shall take effect from 1st day of April, 2025; (c) It is further proposed to amend sub-clause (c) of clause (69) of section 2 so as to substitute the term “municipal or local fund” with the terms “municipal fund or local fund” and to insert an Explanation after the said sub-clause, to provide for definitions of the terms“ Local fund” and “Municipal fund” used in the definition of “local authority” under the said clause so as to clarify the scope of the said terms; (d) It is also proposed to insert a new clause (116A) in section 2 so as to define the expression “Unique Identification Marking” to mean a mark that is unique, secure and non-removable, for implementation of track and trace mechanism; (2) Clause 3 of the Bill seeks to omit sub-section (4) of section 12 of the Karnataka Goods and Services Tax Act, 2017 so as to remove the provision for time of supply in respect of transaction in vouchers, the same being neither supply of goods nor supply of services; (3) Clause 4 of the Bill seeks to omit sub-section (4) of section 13 of the Karnataka Goods and Services Tax Act, 2017 so as to remove the provision for time of supply in respect of transaction in vouchers, the same being neither supply of goods nor supply of services; (4) (a) Clause 5 of the Bill seeks to amend clause (d) of sub-section (5) of section 17 of the Karnataka Goods and Services Tax Act, 2017 so as to substitute the expression “plant or machinery” with the expression “plant and machinery” to remove any ambiguity in interpretation for the purpose of availment of input tax credit in such cases; (b) It further seeks to insert an Explanation to clarify that the said amendment is made notwithstanding anything to the contrary contained in any judgment, decree or order of any court or any other 22 authority; (c) This amendment shall take effect retrospectively from 1st day of July, 2017; (5) (a) Clause 6 of the Bill seeks to amend sub-section (1) of section 20 of the Karnataka Goods and Services Tax Act, 2017 so as to explicitly provide for distribution of input tax credit by the Input Service Distributor in respect of inter-State supplies, on which tax has to be paid on reverse charge basis, by inserting a reference to sub-section (3) and sub-section (4) of section 5 of the Integrated Goods and Services Tax Act (Central Act 13 of 2017) in the said sub-section; (b) It further seeks to amend sub-section (2) of the said section so as to explicitly provide for distribution of input tax credit by the Input Service Distributor in respect of inter-State supplies, on which tax has to be paid on reverse charge basis, by inserting reference to sub- section (3) and sub-section (4) of section 5 of the Integrated Goods and Services Tax Act in the said sub-section; (c) This amendment shall take effect from 1st day of April, 2025; (6) (a) Clause 7 of the Bill seeks to amend the proviso to sub-section (2) of section 34 of the Karnataka Goods and Services Tax Act, 2017 so as to explicitly provide for the requirement of reversal of corresponding input tax credit in respect of a credit-note, if availed, by the registered recipient, for the purpose of reduction of tax liability of the supplier in respect of the said credit note; (b) It further seeks to remove the condition in the said proviso of not having passed the incidence of tax on supply for the purpose of reduction of tax liability of the supplier in respect of the said credit note; (7) (a) Clause 8 of the Bill seeks to amend sub-section (1) of section 38 of the Karnataka Goods and Services Tax Act, 2017 to omit the expression “auto- generated” with respect to statement of input tax credit in the said sub- section; (b) It further seeks to amend sub-section (2) of the said section by omitting the expression “auto-generated” with respect to statement of input tax credit in the said subsection and inserting the expression “including” after the words “by the recipient” in clause (b) of said sub-section so as to make the said sub-section inclusive to cover other cases where input tax credit is not available to taxpayer under any other provisions of the Act; (c) It further inserts a new clause (c) in the said sub-section to provide for an enabling clause to prescribe other details to be made available in statement of input tax credit; (8) Clause 9 of the Bill seeks to amend sub-section (1) of section 39 of the Karnataka Goods and Services Tax Act, 2017 so as to provide for an enabling clause to prescribe conditions and restriction for filing of return under the said sub-section; (9) Clause 10 of the Bill seeks to substitute the proviso to sub-section (6) of 23 section107 of the Karnataka Goods and Services Tax Act, 2017 to provide for the requirement of pre-deposit of ten percent of the penalty amount for filing an appeal before the Appellate Authority against an order which involves demand of penalty without involving any demand of tax; (10) Clause 11 of the Bill seeks to insert a proviso to sub-section (8) of section 112 of the Karnataka Goods and Services Tax Act, 2017 to provide for the requirement of pre-deposit of ten percent. of the penalty amount for filing an appeal before the Appellate Tribunal against an order which involves demand of penalty without involving any demand of tax. (11) Clause 12 of the Bill seeks to insert a new section 122B in the Karnataka Goods and Services Tax Act, 2017 to provide for penal provisions for contraventions of the provision relating to track and trace mechanism; (12) Clause 13 of the Bill seeks to insert a new section 148A in the Karnataka Goods and Services Tax Act, 2017 so as to provide for an enabling provision for implementation of track and trace mechanism for ensuring effective monitoring and control of supply of specified commodities; (13) (a) Clause 14 of the Bill seeks to insert a new clause (aa) in paragraph 8 of Schedule III of the Karnataka Goods and Services Tax Act, 2017 to specify that the supply of goods warehoused in a Special Economic Zone or in a Free Trade Warehousing Zone to any person before clearance for exports or to the Domestic Tariff Area shall be treated neither as supply of goods nor as supply of services; (b) It further seeks to amend the Explanation 2 of the said Schedule to clarify that the said Explanation shall be applicable in respect of clause (a) of paragraph 8 of the said Schedule; (c) It also seeks to insert an Explanation 3 in the said Schedule to define the expressions “Special Economic Zone”, “Free Trade Warehousing Zone” and “Domestic Tariff Area”, for the purpose of the proposed clause (aa) in paragraph 8 of said Schedule; (d) These amendments shall take effect retrospectively with effect from the 1st day of July, 2017; and (14) Clause 15 of the Bill seeks to clarify that no refund of the tax, already paid in respect of the aforesaid activities or transactions, shall be available. Hence, the Bill. [L.A. Bill No. 57 of 2025, File No. SAMVYASHAE 50 SHASANA 2025] [Article 246A and entry 60 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No.527 in part-IVA dated:02.09.2025] 24 KARNATAKA ACT NO.27 OF 2017 (First Published in the Karnataka Gazette Extra-ordinary on the twenty seventy day of June, 2017) THE KARNATAKA GOODS AND SERVICES TAX ACT, 2017 (Received the assent of the Governor on the 27th day of June, 2017) (As amended by 03 of 2019,23 of 2019, 20 of 2020, 39 of 2021 36 of 2022, 32 of 2023, 02 of 2024, 36 of 2024, 02 of 2025 and 43 of 2025) An Act to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the State of Karnataka and the matters connected therewith or incidental thereto. Be it enacted by Legislature of Karnataka in the Sixty-eighth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. Short title, extent and commencement.- (1) This Act may be called the Karnataka Goods and Services Tax Act, 2017. (2) It extends to the whole of Karnataka. (3) It shall come into force on such 2[1[date]1]2 as the State Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 1. The Act came into force (see text of Notification at the end of the Act) 2. The Act came into force (see text of Notification at the end of the Act) 2. Definitions.- In this Act, unless the context otherwise requires,– (1) ―actionable claim‖ shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882 (Central Act 4 of 1882); (2) ―address of delivery means the address of the recipient of goods or services or both indicated on the tax invoice issued by a registered person for delivery of such goods or services or both; (3) ―address on record means the address of the recipient as available in the records of the supplier; (4) ―adjudicating authority means any authority, appointed or authorised to pass any order or decision under this Act, but does not include the Commissioner, Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling,4[the National Appellate Authority for Advance Ruling,]41[the Appellate Authority, the Appellate Tribunal and the Authority referred to in sub-section (2) of section 171]1; (5) ―agent means a person, including a factor, broker, commission agent, arhatia, del credere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another; (6) ―aggregate turnover means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India ba sis but excludes central tax, State tax, Union territory tax, integrated tax and cess; 25 (7) ―agriculturist means an individual or a Hindu Undivided Family who undertakes cultivation of land – (a) by own labour, or (b) by the labour of family, or (c) by servants on wages payable in cash or kind or by hired labour under personal supervision or the personal supervision of any member of the family; (8) ―Appellate Authority means an authority appointed or authorised to hear appeals as referred to in section 107; (9) "Appellate Tribunal" means the Goods and Services Tax Appellate Tribunal referred to in section 109; (10) ―appointed day means the date on which the provisions of this Act shall come into force; (11) ―assessment‖ means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgement assessment; (12) "associated enterprises" shall have the same meaning as assigned to it in section 92A of the Income-tax Act, 1961 (Central Act 43 of 1961); (13) ―audit means the examination of records, returns and other documents maintained or furnished by the registered person under this Act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or the rules made thereunder; (14) ―authorised bank shall mean a bank or a branch of a bank authorised by the Central Government to collect the tax or any other amount payable under this Act; (15) ―authorised representative means the representative as referred to in section 116; (16) ―Board means the 1[Central Board of Indirect Taxes and Customs]1 constituted under the Central Boards of Revenue Act, 1963 (Central Act 54 of 1963); (17)―business includes–– (a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit; (b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a); (c) any activity or transaction in the nature of sub-clause (a), whether or not there is volume, frequency, continuity or regularity of such transaction; (d) supply or acquisition of goods including capital goods and services in connection with commencement or closure of business; (e) provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members; (f) admission, for a consideration, of persons to any premises; (g) services supplied by a person as the holder of an office which has been accepted by him in the course or furtherance of his trade, profession or vocation; 1[(h) activities of a race club including by way of totalisator or a license to book maker or activities of a licensed book maker in such club; and]1; (i) any activity or transaction undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities; 2[(18)XXX]2 26 Explanation.––For the purposes of this clause, factors that should be considered in determining whether goods or services are related include–– (a) the nature of the goods or services; (b) the nature of the production processes; (c) the type or class of customers for the goods or services; (d) the methods used to distribute the goods or supply of services; and (e) the nature of regulatory environment (wherever applicable), including banking, insurance or public utilities; (19) ―capital goods means goods, the value of which is capitalised in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business; (20) ―casual taxable person means a person who occasionally undertakes transactions involving supply of goods or services or both in the course or furtherance of business, whether as principal, agent or in any other capacity, in the taxable territory where he has no fixed place of business; (21) ―central tax means the central goods and services tax levied under section 9 of the Central Goods and Services Tax Act, 2017; (22) ―cess‖ shall have the same meaning as assigned to it in the Goods and Services Tax (Compensation to States) Act; (23) ―chartered accountant means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (Central Act 38 of 1949); (24) ―Commissioner means the Commissioner of State tax appointed under section 3; (25)―Commissioner in the Board means the Commissioner referred to in section 168 of the Central Goods and Services Tax Act 2017; (26) ―common portal means the common goods and services tax electronic portal referred to in section 146; (27) ―common working days shall mean such days in succession which are not declared as gazetted holidays by the Central Government or the Government of Karnataka; (28) "company secretary" means a company secretary as defined in clause (c) of sub- section (1) of section 2 of the Company Secretaries Act, 1980 (Central Act 56 of 1980); (29) ―competent authority means such authority as may be notified by the Government; (30) ―composite supply means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply; Illustration.- Where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is a principal supply; (31) ―consideration in relation to the supply of goods or services or both includes – (a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government; (b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government: 27 Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply; (32) ―continuous supply of goods means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the Government may, subject to such conditions, as it may, by notification, specify; (33) ―continuous supply of services means a supply of services which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, for a period exceeding three months with periodic payment obligations and includes supply of such services as the Government may, subject to such conditions, as it may, by notification, specify; (34) ―conveyance includes a vessel, an aircraft and a vehicle; (35) ―cost accountant means a cost accountant as defined in 1[clause (b)]1 of sub- section (1) of section 2 of the Cost and Works Accountants Act, 1959 (Central Act 23 of 1959); (36) ―Council means the Goods and Services Tax Council established under article 279A of the Constitution; (37) ―credit note means a document issued by a registered person under sub- section (1) of section 34; (38) ―debit note means a document issued by a registered person under sub- section (3) of section 34; (39) ―deemed exports means such supplies of goods as may be notified under section 147; (40) ―designated authority means such authority as may be notified by the Commissioner; (41) ―document includes written or printed record of any sort and electronic record as defined in clause (t) of section 2 of the Information Technology Act, 2000 (Central Act 21 of 2000); (42) ―drawback in relation to any goods manufactured in India and exported, means the rebate of duty, tax or cess chargeable on any imported inputs or on any domestic inputs or input services used in the manufacture of such goods; (43) ―electronic cash ledger means the electronic cash ledger referred to in sub-section (1) of section 49; (44) ―electronic commerce means the supply of goods or services or both, including digital products over digital or electronic network; (45) ―electronic commerce operator means any person who owns, operates or manages digital or electronic facility or platform for electronic commerce; (46) ―electronic credit ledger means the electronic credit ledger referred to in sub- section (2) of section 49; (47) ―exempt supply means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply; (48) ―existing law means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this Act by the Legislature or any Authority or person having the power to make such law, notification, order, rule or regulation; 28 (49) ―family means,— (a) the spouse and children of the person, and (b) the parents, grand-parents, brothers and sisters of the person if they are wholly or mainly dependent on the said person; (50) ―fixed establishment means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs; (51) ―Fund means the Consumer Welfare Fund established under section 57; (52) ―goods’’ means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply; (53) ―Government means the Government of Karnataka; (54) ―Goods and Services Tax (Compensation to States) Act means the Goods and Services Tax (Compensation to States) Act, 2017 (Central Act 15 of 2017); (55) ―goods and services tax practitioner" means any person who has been approved under section 48 to act as such practitioner; (56) "India" means the territory of India as referred to in article 1 of the Constitution, its territorial waters, seabed and sub-soil underlying such waters, continental shelf, exclusive economic zone or any other maritime zone as referred to in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (Central Act 80 of 1976), and the air space above its territory and territorial waters; (57) ―Integrated Goods and Services Tax Act means the Integrated Goods and Services Tax Act, 2017(Central Act 13 of 2017); (58) ―integrated tax means the integrated goods and services tax levied under the Integrated Goods and Services Tax Act; (59) ―input means any goods other than capital goods used or intended to be used by a supplier in the course or furtherance of business; (60) ―input service means any service used or intended to be used by a supplier in the course or furtherance of business; 7[(61)―Input Service Distributor means an office of the supplier of goods or services or both which receives tax invoices towards the receipt of input services, including invoices in respect of services liable to tax under sub-section (3) or sub-section (4) of section 9, 8[of this Act or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017 (Central Act No 13 of 2017)]8 for or on behalf of distinct persons referred to in section 25 and liable to distribute the input tax credit in respect of such invoices in the manner provided in section 20;]7 (62) ―input tax in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or both made to him and includes– (a) the integrated goods and services tax charged on import of goods; (b) the tax payable under the provisions of sub-sections (3) and (4) of section 9; (c) the tax payable under the provisions of sub-sections (3) and (4) of section 5 of the Integrated Goods and Services Tax Act; or (d) the tax payable under the provisions of sub-sections (3) and (4) of section 9 of the Central Goods and Services Tax Act, but does not include the tax paid under the composition levy; (63)―input tax credit means the credit of input tax; 29 a. ―intra-State supply of goods shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act; b. ―intra-State supply of services shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act; c. ―invoice or ―tax invoice means the tax invoice referred to in section 31; (67)―inward supply in relation to a person, shall mean receipt of goods or services or both whether by purchase, acquisition or any other means, with or without consideration; (68)―job work means any treatment or process undertaken by a person on goods belonging to another registered person and the expression job worker shall be construed accordingly; (69) ―local authority means–– (a) a ―Panchayat as defined in clause (d) of article 243 of the Constitution; (b) a ―Municipality as defined in clause (e) of article 243P of the Constitution; (c) a Municipal Committee, a Zilla Parishad, a District Board, and any other authority legally entitled to, or entrusted by the Central Government or any State Government with the control or management of a municipal 9[fund]9 or local fund; 9[Explanation.- For the purposes of this sub-clause- (i) "local fund" means any fund under the control or management of an authority of a local self-government established for discharging civic functions in relation to a Panchayat area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called; (ii)"municipal fund" means any fund under the control or management of an authority of a local self-government established for discharging civic functions in relation to a Metropolitan area or Municipal area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called;]9 (d) a Cantonment Board as defined in section 3 of the Cantonments Act, 2006 (Central Act 41 of 2006); (e) a Regional Council or a District Council constituted under the Sixth Schedule to the Constitution; (f) a Development Board constituted under article 3713[and article 371J]3 of the Constitution; or (g) a Regional Council constituted under article 371A of the Constitution; (70)―location of the recipient of services means,- (a) where a supply is received at a place of business for which the registration has been obtained, the location of such place of business; (b) where a supply is received at a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; (c) where a supply is received at more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and (d) in absence of such places, the location of the usual place of residence of the recipient; (71) ―location of the supplier of services means,- (a) where a supply is made from a place of business for which the registration has been obtained, the location of such place of business; (b) where a supply is made from a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; (c) where a supply is made from more than one establishment, whether the place of 30 business or fixed establishment, the location of the establishment most directly concerned with the provisions of the supply; and (d) in absence of such places, the location of the usual place of residence of the supplier; (72) ―manufacture means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term ―manufacturer‖ shall be construed accordingly; (73) ―market value shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related; (74) ―mixed supply means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply. Illustration.- A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these items are supplied separately; (75) ―money means the Indian legal tender or any foreign currency, cheque, promissory note, bill of exchange, letter of credit, draft, pay order, traveller cheque, money order, postal or electronic remittance or any other instrument recognized by the Reserve Bank of India when used as a consideration to settle an obligation or exchange with Indian legal tender of another denomination but shall not include any currency that is held for its numismatic value; (76) ―motor vehicle shall have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988); (77) ―non-resident taxable person means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India; (78) ―non-taxable supply means a supply of goods or services or both which is not leviable to tax under this Act or under the Integrated Goods and Services Tax Act; (79) ―non-taxable territory means the territory which is outside the taxable territory; (80)―notification means a notification published in the Official Gazette and the expressions ―notify and ―notified shall be construed accordingly; [(80A) "online gaming" means offering of a game on the internet or an electronic network and includes online money gaming; (80B) "online money gaming" means online gaming in which players pay or deposit money or money's worth, including virtual digital assets, in the expectation of winning money or money's worth, including virtual digital assets, in any event including game, scheme, competition or any other activity or process, whether or not its outcome or performance is based on skill, chance or both and whether the same is permissible or otherwise under any other law for the time being in force;] (81) ―other territory includes territories other than those comprising in a State and those referred to in sub-clauses (a) to (e) of clause (114); (82) ―output tax in relation to a taxable person, means the tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis; 31 (83) ―outward supply in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental, lease or disposal or any other mode, made or agreed to be made by such person in the course or furtherance of business; (84) ―person includes— (a) an individual; (b) a Hindu Undivided Family; (c) a company; (d) a firm; (e) a Limited Liability Partnership; (f) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; (g) any corporation established by or under any Central Act, State Act or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (Central Act 18 of 2013); (h) any body corporate incorporated by or under the laws of a country outside India; (i) a co-operative society registered under any law relating to co-operative societies; (j) a local authority; (k) Central Government or a State Government; (l) society as defined under the Societies Registration Act, 1860 (Central Act 21 of 1860); (m) trust; and (n) every artificial juridical person, not falling within any of the above; (85)―place of business includes–– (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; (86) ―place of supply means the place of supply as referred to in Chapter V of the Integrated Goods and Services Tax Act; (87) ―prescribed’’ means prescribed by rules made under this Act on the recommendations of the Council; (88) ―principal means a person on whose behalf an agent carries on the business of supply or receipt of goods or services or both; (89) ―principal place of business means the place of business specified as the principal place of business in the certificate of registration; (90) ―principal supply means the supply of goods or services which constitutes the predominant element of a composite supply and to which any other supply forming part of that composite supply is ancillary; (91) ―proper officer in relation to any function to be performed under this Act, means the Commissioner or the officer of the State tax who is assigned that function by the Commissioner; (92) ―quarter shall mean a period comprising three consecutive calendar months, ending on the last day of March, June, September and December of a calendar year; (93) ―recipient of supply of goods or services or both, means — (a) where a consideration is payable for the supply of goods or services or both, 32 the person who is liable to pay that consideration; (b) where no consideration is payable for the supply of goods, the person to whom the goods are delivered or made available, or to whom possession or use of the goods is given or made available; and (c) where no consideration is payable for the supply of a service, the person to whom the service is rendered, and any reference to a person to whom a supply is made shall be construed as a reference to the recipient of the supply and shall include an agent acting as such on behalf of the recipient in relation to the goods or services or both supplied; (94) ―registered person means a person who is registered under section 25 but does not include a person having a Unique Identity Number; (95) ―regulations means the regulations made by the Government under this Act on the recommendations of the Council; (96) ―removal in relation to goods, means – (a) despatch of the goods for delivery by the supplier thereof or by any other person acting on behalf of such supplier; or (b) collection of the goods by the recipient thereof or by any other person acting on behalf of such recipient; (97) ―return means any return prescribed or otherwise required to be furnished by or under this Act or the rules made thereunder; (98) ―reverse charge’’ means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act; (99) ―Revisional Authority means an authority appointed or authorised for revision of decision or orders as referred to in section 108; (100) ―Schedule means a Schedule appended to this Act; (101) ―securities shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (Central Act 42 of 1956); (102) ―services means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged; 3[Explanation.- For the removal of doubts, it is hereby clarified that the expression services‖ includes facilitating or arranging transactions in securities;]3 6[(102A) "specified actionable claim" means the actionable claim involved in or by way of (i) betting; (ii) casinos; (iii) gambling: (iv) horse racing: (v) lottery; or (vi) online money gaming;]6 (103) ―State means the State of Karnataka; (104)―State tax means the tax levied under this Act; (105) ―supplier in relation to any goods or services or both, shall mean the person supplying the said goods or services or both and shall include an agent acting as such on 33 behalf of such supplier in relation to the goods or services or both supplied; 6[Provided that, a person who organises or arranges, directly or indirectly, supply of specified actionable claims, including a person who owns, operates or manages digital or electronic platform for such supply, shall be deemed to be a supplier of such actionable claims, whether such actionable claims are supplied by him or through him and whether consideration in money or money's worth, including virtual digital assets, for supply of such actionable claims is paid or conveyed to him or through him or placed at his disposal in any manner, and all the provisions of this Act shall apply to such supplier of specified actionable claims, as if he is the supplier liable to pay the tax in relation to the supply of such actionable claims; ]6 (106) ―tax period means the period for which the return is required to be furnished; (107)―taxable person means a person who is registered or liable to be registered under section 22 or section 24; (108) ―taxable supply’’ means a supply of goods or services or both which is leviable to tax under this Act; (109) ―taxable territory means the territory to which the provisions of this Act apply; (110)―telecommunication service means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means; (111) ―the Central Goods and Services Tax Act means the Central Goods and Services Tax Act, 2017 (Central Act 12 of 2017); (112) ―turnover in State or ―turnover in Union territory means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter-State supplies of goods or services or both made from the State or Union territory by the said taxable person but excludes central tax, State tax, Union territory tax, integrated tax and cess; (113) ―usual place of residence means –– (a) in case of an individual, the place where he ordinarily resides; (b) in other cases, the place where the person is incorporated or otherwise legally constituted; (114) ―Union territory means the territory of, – (a) the Andaman and Nicobar Islands; (b) Lakshadweep; 5[(c) Dadra and Nagar Haveli and Daman and Diu; (d) Ladakh]5; (e) Chandigarh; and (f) other territory; Explanation.- For the purposes of this Act, each of the territories specified in sub- clauses (a) to (f) shall be considered to be a separate Union territory; (115) ―Union territory tax means the Union territory goods and services tax levied under the Union Territory Goods and Services Tax Act; (116) ―Union Territory Goods and Services Tax Act means the Union Territory Goods and Services Tax Act, 2017 (Central Act 14 of 2017); 34 9[(116A) "unique identification marking‖ means the unique identification marking referred to in clause (b) of sub-section (2) of section 148A and includes a digital stamp, digital mark or any other similar marking, which is unique, secure and non-removable;]9 (117) ―valid return means a return furnished under sub-section (1) of section 39 on which self-assessed tax has been paid in full; 6[(117A) "virtual digital asset" shall have the same meaning as assigned to it in clause (47A) of section 2 of the Income-tax Act, 1961(Central Act No 43 of 1961);. ]6 (118) ―voucher means an instrument where there is an obligation to accept it as consideration or part consideration for a supply of goods or services or both and where the goods or services or both to be supplied or the identities of their potential suppliers are either indicated on the instrument itself or in related documentation, including the terms and conditions of use of such instrument; (119) ―works contract means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract; (120) words and expressions used and not defined in this Act but defined in the Integrated Goods and Services Tax Act, the Central Goods and Services Tax Act, the Union Territory Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act shall have the same meanings as assigned to them in those Acts. 1. Substituted by Act 03 of 2019 w.e.f.01.02.2019 2. omitted by Act 03 of 2019 w.e.f. 01.02.2019 3. Inserted by Act 03 of 2019 w.e.f. 01.02.2019 4. Inserted by Act 23 of 2019 w.e.f. 5. Substituted by Act 20 of 2020 w.e.f.30.06.2020 6. Inserted by Act 02 of 2024 w.e.f. 01.10.2023 7. Substituted by Act 36 of 2024 w.e.f……………………. 8. Inserted by Act 43 of 2025 w.e.f. 01.04.2025. 9. Inserted by Act 43 of 2025 w.e.f. ………………………………. CHAPTER II ADMINISTRATION 8[3. Officers under this Act.- The Government shall, by notification, appoint the following classes of officers for the purposes of this Act, namely:–– (a) Commissioner of State tax, (b) Additional Commissioners of State tax, (c) Joint Commissioners of State tax, (d) Deputy Commissioners of State tax, (e) Assistant Commissioners of State tax, and (f) any other class of officers as it may deem fit: Provided that, the officers appointed under the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) shall be deemed to be the officers appointed under the provisions of this Act. 4.

Appointment of officers.- (1)The Government may, in addition to the officers as may be notified under section 3, appoint such persons as it may think fit to be the officers under this Act. (2) The Commissioner shall have jurisdiction over the whole of the State and all other officers shall, subject to such conditions as may be specified, have jurisdiction over the whole of the State or over such local areas as the Commissioner may, by order, specify. 35 5. Powers of officers.- (1) Subject to such conditions and limitations as the Commissioner may impose, an officer of State tax may exercise the powers and discharge the duties conferred or imposed on him under this Act. (2) An officer of State tax may exercise the powers and discharge the duties conferred or imposed under this Act on any other officer of State tax who is subordinate to him. (3) The Commissioner may, subject to such conditions and limitations as may be specified in this behalf by him, delegate his powers to any other officer who is subordinate to him. (4) Notwithstanding anything contained in this section, an Appellate Authority shall not exercise the powers and discharge the duties conferred or imposed on any other officer of State tax. 6. Authorisation of officers of central tax as proper officer in certain circumstances.- (1) Without prejudice to the provisions of this Act, the officers appointed under the Central Goods and Services Tax Act are authorised to be the proper officers for the purposes of this Act, subject to such conditions as the Government shall, on the recommendations of the Council, by notification, specify. (2) Subject to the conditions specified in the notification issued under sub-section(1),- (a) where any proper officer issues an order under this Act, he shall also issue an order under the Central Goods and Services Tax Act, as authorised by the said Act under intimation to the jurisdictional officer of central tax; (b) where a proper officer under the Central Goods and Services Tax Act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under this Act on the same subject matter. (3) Any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by an officer appointed under this Act, shall not lie before an officer appointed under the Central Goods CHAPTER III LEVY AND COLLECTION OF TAX 7. Scope of supply.- (1) For the purposes of this Act, the expression ―supply‖ includes – (a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business; 4[(aa) The Activities or transactions, by a person, other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable consideration. Explanation. -for the purpose of this clause, it is hereby clarified that, notwithstanding anything contained in any other law for the time being in force or any judgement, decree or order of any Court, tribunal or authority, the person and its members or constituents shall be deemed to be two seprate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another.]4 (b) import of services for a consideration whether or not in the course or 36 furtherance of business;1[and]1 (c) the activities specified in Schedule I, made or agreed to be made without a consideration; 2[XXX]2 2[(d) XXX]2 1[(1A) where certain activities or transactions, constitute a supply in accordance with the provisions of sub-section (1), they shall be treated either as supply of goods or supply of services as referred to in Schedule II.]1; (2) Notwithstanding anything contained in sub-section (1),–– (a) activities or transactions specified in Schedule III; or (b) such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council, shall be treated neither as a supply of goods nor a supply of services. (3) Subject to the provisions of 3[sub-sections (1), (1A) and (2)]3, the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as— (a) a supply of goods and not as a supply of services; or (b) a supply of services and not as a supply of goods. 1. Inserted by Act 03 of 2019 w.e.f.01.07.2017 2. omitted by Act 03 of 2019 w.e.f. 01.07.2017. 3. Substituted by Act 03 of 2019 w.e.f.01.07.2017. 4. Deemed to have been Inserted by Act 39 of 2021 w.e.f. 01.01.2022. . . 8. Tax liability on composite and mixed supplies.- The tax liability on a composite or a mixed supply shall be determined in the following manner, namely:— (a) a composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply; and (b) a mixed supply comprising two or more supplies shall be treated as a supply of that particular supply which attracts the highest rate of tax. 9. Levy and collection.- (1) Subject to the provisions of sub-section (2), there shall be levied a tax called the Karnataka Goods and Services Tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption 2[and un-denatured extra neutral alcohol or rectified spirit used for manufacture of alcoholic liquor, for human consumption]2, on the value determined under section 15 and at such rates, not exceeding twenty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person. (2) The State tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel, shall be levied with effect from such date as may be notified by the Government on the recommendations of the Council. (3) The Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. 1[(4) The Government may, on the recommendations of the Council, by notification, specify a class of registered persons who shall, in respect of supply of specified categories 37 of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to such supply of goods or services or both.]1. (5) The Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services: Provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax: Provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax. 1. Substituted by Act 03 of 2019 w.e.f.01.02.2019. 2. Inserted by Act 02 of 2025 w.e.f ……………………………... 7[6[10. Composition levy.- (1) Notwithstanding anything to the contrary contained in this Act but subject to the provisions of sub-sections (3) and (4) of section 9, a registered person, whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees may opt to pay, 1[in lieu of the tax payable by him under sub-section (1) of section 9, an amount of tax calculated at such rate‖]1 as may be prescribed, but not exceeding,- (a) one per cent. of the turnover in State in case of a manufacturer, (b) two and a half per cent. of the turnover in State in case of persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II, and (c) half per cent. of the turnover in State in case of other suppliers, subject to such conditions and restrictions as may be prescribed: Provided that the Government may, by notification, increase the said limit of fifty lakh rupees to such higher amount, not exceeding 1[one crore and fifty lakh rupees]1as may be recommended by the Council. 2[Provided further that, a person who opts to pay tax under clause (a) or clause (b) or clause (c) may supply services (other than those referred to in clause (b) of paragraph 6 of Schedule II), of value not exceeding ten per cent. of turnover in the State in the preceding financial year or five lakh rupees, whichever is higher.]2; 3[Explanation.-For the purposes of second proviso, the value of exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount shall not be taken into account for determining the value of turnover in the State.]3; (2) The registered person shall be eligible to opt under sub-section (1), if- 1[(a) save as provided in sub-section (1), he is not engaged in the supply of services;]1. (b) he is not engaged in making any supply of goods8[or services]8 which are not leviable to tax under this Act; (c) he is not engaged in making any inter-State outward supplies of goods8[or services]8; (d) he is not engaged in making any supply of 9[XXX]9 8[services]8 through an 38 electronic commerce operator who is required to collect tax at source under section 52; 4[xxx]4 (e) he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the 5[Council; and]5 3[(f) he is neither a casual taxable person nor a non-resident taxable person:]3; Provided that where more than one registered person are having the same Permanent Account Number (issued under the Income-tax Act 1961(Central Act 43 of 1961)), the registered person shall not be eligible to opt for the scheme under sub-section (1) unless all such registered persons opt to pay tax under that sub-section. 3[(2A) Notwithstanding anything to the contrary contained in this Act, but subject to the provisions of sub-sections (3) and (4) of section 9, a registered person, not eligible to opt to pay tax under sub-section (1) and sub-section (2), whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees, may opt to pay, in lieu of the tax payable by him under sub-section (1) of section 9, an amount of tax calculated at such rate as may be prescribed, but not exceeding three per cent. of the turnover in the State, if he is not– (a) engaged in making any supply of goods or services which are not leviable to tax under this Act; (b) engaged in making any inter-State outward supplies of goods or services; (c) engaged in making any supply of 9[XXX]9 services through an electronic commerce operator who is required to collect tax at source under section 52; (d) a manufacturer of such goods or services or supplier of such services as may be notified by the Government on the recommendations of the Council; and (e) a casual taxable person or a non-resident taxable person: Provided that, where more than one registered person are having the same Permanent Account Number issued under the Income-tax Act, 1961 (Central Act 43 of 1961), the registered person shall not be eligible to opt for the scheme under this sub - section unless all such registered persons opt to pay tax under this sub-section.]3 (3) The option availed of by a registered person under sub-section (1)3[or sub-section (2A), as the case may be,]3 shall lapse with effect from the day on which his aggregate turnover during a financial year exceeds the limit specified under sub-section (1)3[or sub- section (2A), as the case may be,]3. (4) A taxable person to whom the provisions of sub-section (1) 3[or, as the case may be, sub-section (2A)]3apply shall not collect any tax from the recipient on supplies made by him nor shall he be entitled to any credit of input tax. (5) If the proper officer has reasons to believe that a taxable person has paid tax under sub-section (1) 3[or sub-section (2A), as the case may be,]3despite not being eligible, such person shall, in addition to any tax that may be payable by him under any other provisions of this Act, be liable to a penalty and the provisions of section 73 or section 74 10[or section 74A]10 shall, mutatis mutandis, apply for determination of tax and penalty. 3[Explanation 1.- For the purposes of computing aggregate turnover of a person for determining his eligibility to pay tax under this section, the expression ―aggregate turnover‖ shall include the value of supplies made by such person from the 1st day of April of a financial year up to the date when he becomes liable for registration under this Act, but shall not include the value of exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount. Explanation 2.- For the purposes of determining the tax payable by a person under this section, the expression ―turnover in the State‖ shall not include the value of following supplies, namely:- 39 (i) supplies from the first day of April of a financial year upto the date when such person becomes liable for registration under this Act; and (ii) exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount.]3]6]7]8 1. Substituted by Act 03 of 2019 w.e.f. 01.02.2019. . 2. Inserted by Act 03 of 2019 w.e.f 01.02.2019. 3. Inserted by Act 23 of 2019 w.e.f. 01.01.2020. 4. Omitted by Act 23 of 2019 w.e.f. 01.01.2020. 5. Substituted by Act 23 of 2019 w.e.f. 01.01.2020. 6. Please see the clarification pertaining to Section 10 in the Karnataka Goods and Service Tax (Removal of Difficulties) order 2017 issued vide order No FD48CSL2017 dated 13.10.2017. 7. Please see the clarification pertaining to Section 10 in the Karnataka Goods and Service Tax (Removal of Difficulties) order 2019 issued vide order No FD47CSL 2017 dated 01.02.2019. 8. Inserted by Act 20 of 2020 w.e.f. 01.01.2021. 9. Omitted by Act 32 of 2023 w.e.f…………. 10. Inserted by Act 02 of 2025 w.e.f ……………………………... 11. Power to grant exemption from tax.- (1) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by notification, exempt generally, either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification. (2) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by special order in each case, under circumstances of an exceptional nature to be stated in such order, exempt from payment of tax any goods or services or both on which tax is leviable. (3) The Government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under sub-section (1) or order under sub-section (2), and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be. (4) Any notification issued by the Central Government, on the recommendations of the Council, under sub-section (1) of section 11 or order issued under sub-section (2) of the said section of the Central Goods and Services Tax Act shall be deemed to be a notification or, as the case may be, an order issued under this Act. Explanation.––For the purposes of this section, where an exemption in respect of any goods or services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both. 1[11A. Power not to recover Goods and Services Tax not levied or short-levied as a result of general practice.- Notwithstanding anything contained in this Act, if the Government is satisfied that,- (a) a practice was, or is, generally prevalent regarding levy of State tax (including non-levy thereof) on any supply of goods or services or both; and (b) such supplies were, or are, liable to,– (i) state tax, in cases where according to the said practice, State tax was not, or is not being, levied, or (ii) a higher amount of State tax than what was, or is being, levied, in accordance with 40 the said practice, -the Government may, on the recommendation of the Council, by notification in the Official Gazette, direct that the whole of the State tax payable on such supplies, or, as the case may be, the State tax in excess of that payable on such supplies, but for the said practice, shall not be required to be paid in respect of the supplies on which the State tax was not, or is not being levied, or was, or is being, short-levied, in accordance with the said practice.]1 1. Inserted by Act 02 of 2025 w.e.f ……………………………... CHAPTER IV TIME AND VALUE OF SUPPLY 12. Time of supply of goods.- (1) The liability to pay tax on goods shall arise at the time of supply, as determined in accordance with the provisions of this section. (2) The time of supply of goods shall be the earlier of the following dates, namely:- (a) the date of issue of invoice by the supplier or the last date on which he is required, under 1[XXX]1 of section 31, to issue the invoice with respect to the supply; or (b) the date on which the supplier receives the payment with respect to the supply: Provided that where the supplier of taxable goods receives an amount up to one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice in respect of such excess amount. Explanation 1.–– For the purposes of clauses (a) and (b), ―supply‖ shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment. Explanation 2.––For the purposes of clause (b), ―the date on which the supplier receives the payment‖ shall be the date on which the payment is entered in his books of account or the date on which the payment is credited to his bank account, whichever is earlier. (3) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earliest of the following dates, namely:— (a) the date of the receipt of goods; or (b) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or (c) the date immediately following thirty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof by the supplier: Provided that where it is not possible to determine the time of supply under clause (a) or clause (b) or clause (c), the time of supply shall be the date of entry in the books of account of the recipient of supply. 2[(4) XXX]2 (5) Where it is not possible to determine the time of supply under the provisions of sub- section (2) or sub-section (3) or sub-section (4), the time of supply shall–– a. in a case where a periodical return has to be filed, be the date on which such return is to be filed; or b. in any other case, be the date on which the tax is paid. (6) The time of supply to the extent it relates to an addition in the value of supply by 41 way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value. 1. Omitted by Act 03 of 2019 w.e.f. 01.02.2019. 2 Omitted by Act 43 of 2025 w.e.f. ………………………………. 13. Time of supply of services.- (1) The liability to pay tax on services shall arise at the time of supply, as determined in accordance with the provisions of this section. (2) The time of supply of services shall be the earliest of the following dates, namely:– (a) the date of issue of invoice by the supplier, if the invoice is issued within the period prescribed under 1[XXX]1of section 31 or the date of receipt of payment, whichever is earlier; or (b) the date of provision of service, if the invoice is not issued within the period prescribed under 1[XXX]1of section 31 or the date of receipt of payment, whichever is earlier; or (c) the date on which the recipient shows the receipt of services in his books of account, in a case where the provisions of clause (a) or clause (b) do not apply: Provided that where the supplier of taxable service receives an amount up to one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice relating to such excess amount. Explanation.––For the purposes of clauses (a) and (b)- (i) the supply shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment; (ii) ―the date of receipt of payment‖ shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier. (3) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earlier of the following dates, namely:–– (a) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or (b) the date immediately following sixty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof 2[by the supplier, in cases where invoice is required to be issued by the supplier; or]2 3[(c) the date of issue of invoice by the recipient, in cases where invoice is to be issued by the recipient:]3 Provided that where it is not possible to determine the time of supply under clause (a) or clause (b), 3[or clause (c)]3 the time of supply shall be the date of entry in the books of account of the recipient of supply: Provided further that in case of supply by associated enterprises, where the supplier of service is located outside India, the time of supply shall be the date of entry in the books of account of the recipient of supply or the date of payment, whichever is earlier. 4[(4) XXX]4 (5) Where it is not possible to determine the time of supply under the provisions of sub-section (2) or sub-section (3) or sub-section (4), the time of supply shall–– a. in a case where a periodical return has to be filed, be the date on which such return 42 is to be filed; or b. in any other case, be the date on which the tax is paid. (6) The time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value. 1. Omitted by Act 03 of 2019 w.e.f. 01.02.2019. 2. Substitiuted by Act 02 of 2025 w.e.f ……………………………... 3. Inserted by Act 02 of 2025 w.e.f ……………………………... 4 Omitted by Act 43 of 2025 w.e.f. ………………………………. 14. Change in rate of tax in respect of supply of goods or services.- Notwithstanding anything contained in section 12 or section 13, the time of supply, where there is a change in the rate of tax in respect of goods or services or both, shall be determined in the following manner, namely:–– (a) in case the goods or services or both have been supplied before the change in rate of tax,–– (i) where the invoice for the same has been issued and the payment is also received after the change in rate of tax, the time of supply shall be the date of receipt of payment or the date of issue of invoice, whichever is earlier; or (ii) where the invoice has been issued prior to the change in rate of tax but payment is received after the change in rate of tax, the time of supply shall be the date of issue of invoice; or (iii) where the payment has been received before the change in rate of tax, but the invoice for the same is issued after the change in rate of tax, the time of supply shall be the date of receipt of payment; (b) in case the goods or services or both have been supplied after the change in rate of tax,– (i) where the payment is received after the change in rate of tax but the invoice has been issued prior to the change in rate of tax, the time of supply shall be the date of receipt of payment; or (ii) where the invoice has been issued and payment is received before the change in rate of tax, the time of supply shall be the date of receipt of payment or date of issue of invoice, whichever is earlier; or (iii) where the invoice has been issued after the change in rate of tax but the payment is received before the change in rate of tax, the time of supply shall be the date of issue of invoice: Provided that the date of receipt of payment shall be the date of credit in the bank account if such credit in the bank account is after four working days from the date of change in the rate of tax. Explanation.–– For the purposes of this section, ―the date of receipt of payment‖ shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier. 15. Value of taxable supply.- (1) The value of a supply of goods or services or both shall be the transaction value, which is the price actually paid or payable for the said supply of goods or services or both where the supplier and the recipient of the supply are not related and the price is the sole consideration for the supply. (2) The value of supply shall include––– (a) any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this Act, the Central Goods and Services Tax Act and the Goods and Services Tax (Compensation to 43 States) Act, if charged separately by the supplier; (b) any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both; (c) incidental expenses, including commission and packing, charged by the supplier to the recipient of a supply and any amount charged for anything done by the supplier in respect of the supply of goods or services or both at the time of, or before delivery of goods or supply of services; (d) interest or late fee or penalty for delayed payment of any consideration for any supply; and (e) subsidies directly linked to the price excluding subsidies provided by the Central Government and State Governments. Explanation.––For the purposes of this sub-section, the amount of subsidy shall be included in the value of supply of the supplier who receives the subsidy. (3) The value of the supply shall not include any discount which is given— (a) before or at the time of the supply if such discount has been duly recorded in the invoice issued in respect of such supply; and (b) after the supply has been effected, if - (i) such discount is established in terms of an agreement entered into at or before the time of such supply and specifically linked to relevant invoices; and (ii) input tax credit as is attributable to the discount on the basis of document issued by the supplier has been reversed by the recipient of the supply. (4) Where the value of the supply of goods or services or both cannot be determined under sub-section (1), the same shall be determined in such manner as may be prescribed. (5) Notwithstanding anything contained in sub-section (1) or sub-section (4), the value of such supplies as may be notified by the Government on the recommendations of the Council shall be determined in such manner as may be prescribed. Explanation.- For the purposes of this Act,- (a) persons shall be deemed to be ―related persons‗‗ if - (i) such persons are officers or directors of one another's businesses; (ii) such persons are legally recognised partners in business; (iii) such persons are employer and employee; (iv) any person directly or indirectly owns, controls or holds twenty-five per cent. or more of the outstanding voting stock or shares of both of them; (v) one of them directly or indirectly controls the other; (vi) both of them are directly or indirectly controlled by a third person; (vii) together they directly or indirectly control a third person; or (viii) they are members of the same family; (b) the term "person" also includes legal persons. (c) persons who are associated in the business of one another in that one is the sole agent or sole distributor or sole concessionaire, howsoever described, of the 44 other, shall be deemed to be related. CHAPTER V INPUT TAX CREDIT 16. Eligibility and conditions for taking input tax credit.- (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person. (2) Notwithstanding anything contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless,–– (a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed; 5[(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section37;]5 (b) he has received the goods or services or both. 6[(ba) the details of input tax credit in respect of the said supply communicated to such registered person under section 38 has not been restricted;]6 2[Explanation.— For the purposes of this clause, it shall be deemed that theregisteredpersonhasreceivedthegoodsor,asthecasemaybe,services,- (i) where the goods are delivered by the supplier to a recipientor any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise; (ii) where the services are provided by the supplier to any person on the direction of and on account of such registered person.‖]2 (c) subject to the provisions of 3[section 41 7[XXX]7]3, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and (d) he has furnished the return under section 39: Provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment: Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be 9[paid by him along with interest payable under section 50]9, in such manner as may be prescribed: Provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him 10[to the supplier]10 of the amount towards the value of supply of goods or services or both along with tax payable thereon. (3) Where the registered person has claimed depreciation on the tax component of the cost of capital goods and plant and machinery under the provisions of the Income-tax 45 Act, 1961 (Central Act 43 of 1961), the input tax credit on the said tax component shall not be allowed. (4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the 8[thirtieth day of November]8 for the month of September following the end of financial year to which such invoice or 4[XXX]4 debit note pertains or furnishing of the relevant annual return, whichever is earlier. 11[(5) Notwithstanding anything contained in sub-section (4), in respect of an invoice or debit note for supply of goods or services or both pertaining to the Financial Years 2017- 18, 2018-19, 2019-20 and 2020-21, the registered person shall be entitled to take input tax credit in any return under section 39 which is filed upto the thirtieth day of November, 2021. (6) Where registration of a registered person is cancelled under section 29 and subsequently the cancellation of registration is revoked by any order, either under section 30 or pursuant to any order made by the Appellate Authority or the Appellate Tribunal or court and where availment of input tax credit in respect of an invoice or debit note was not restricted under sub-section (4), on the date of order of cancellation of registration, the said person shall be entitled to take the input tax credit in respect of such invoice or debit note for supply of goods or services or both, in a return under section 39,- (i) filed upto thirtieth day of November following the financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier; or (ii) for the period from the date of cancellation of registration or the effective date of cancellation of registration, as the case may be, till the date of order of revocation of cancellation of registration, where such return is filed within thirty days from the date of order of revocation of cancellation of registration, whichever is later.]11 1[Provided that the registered person shall be entitled to take input tax credit after the due date of furnishing of the return under section 39 for the month of September, 2018 till the due date of furnishing of the return under the said section for the month of March, 2019 in respect of any invoice or invoice relating to such debit note for supply of goods or services or both made during the financial year 2017-18, the details of which have been uploaded by the supplier under sub-section for (1) of section 37 till the due date for furnishing the details under sub-section (1) of said section for the month of March. 2019.]1 1. Inserted by the Karnataka Goods and Services Tax (Second Removal of Difficulties) Order, 2018 issued vide order no. 02/2018 No.FD 47 CSL 2017, Bengaluru, dated 31.12.2018 2. Substituted by Act 03 of 2019 w.e.f.01.02.2019 3. Substituted by Act 03 of 2019 w.e.f. ….. 4. Omitted by Act 20 of 2020 w.e.f. 01.01.2021. 5. Inserted by Act 39 of 2021 w.e.f. 01.01.2022.. 6. Inserted by Act 36 of 2022 w.e.f.01.10.2022. 7. Omitted by Act 36 of 2022 w.e.f. 01.10.2022. 8. Substituted by Act 36 of 2022 w.e.f. 01.10.2022. 9. Substituted by Act 32 of 2023 w.e.f………. 10. Inserted by Act 32 of 2023 w.e.f………… 11. Deemed to have been Inserted by Act 02 of 2025 w.e.f. 01.07.2017. 17. Apportionment of credit and blocked credits.- (1) Where the goods or services or both are used by the registered person partly for the purpose of any business and partly for other purposes, the amount of credit shall be restricted to so much of the input tax as is attributable to the purposes of his business. (2) Where the goods or services or both are used by the registered person partly for effecting taxable supplies including zero-rated supplies under this Act or under the Integrated Goods and Services Tax Act and partly for effecting exempt supplies under the said Acts, the amount of credit shall be restricted to so much of the input tax as is 46 attributable to the said taxable supplies including zero-rated supplies. (3) The value of exempt supply under sub-section (2) shall be such as may be prescribed, and shall include supplies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building. 1[Explanation.- For the purposes of this sub-section, the expression ‗value of exempt supply‗‗ shall not include the value of activities or transactions specified in Schedule III, 3[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.]3]1 (4) A banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances shall have the option to either comply with the provisions of sub-section (2), or avail of, every month, an amount equal to fifty per cent. of the eligible input tax credit on inputs, capital goods and input services in that month and the rest shall lapse: Provided that the option once exercised shall not be withdrawn during the remaining part of the financial year: Provided further that the restriction of fifty per cent. shall not apply to the tax paid on supplies made by one registered person to another registered person having the same Permanent Account Number. (5) Notwithstanding anything contained in sub-section (1) of section 16 and sub- section (1) of section 18, input tax credit shall not be available in respect of the following, namely:- 2[(a) motor vehicles for transportation of persons having approved seating capacity of not more than thirteen persons (including the driver), except when they are used for making the following taxable supplies, namely:- (A) further supply of such motor vehicles; or (B) transportation of passengers; or (C) imparting training on driving such motor vehicles; (aa) vessels and aircraft except when they are used,- (i) for making the following tax able supplies, namely:- (A) further supply of such vessels or aircraft; or (B) transportation of passengers; or (C) imparting training on navigating such vessels; or (D) imparting training on flying such aircraft; (ii) for transportation of goods; (ab)services of general insurance, servicing, repair and maintenanc e in so far as they relate to motor vehicles, vessels or aircraft refer red to in cla use(a)or clause (aa): Provided that, the input tax credit in respect of such services shall be available,- (i) where the motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) are used for the purposes specified therein; (ii) where received by a taxable person engaged,- (I) in the manufacture of such motor vehicles, 47 vessels or aircraft; or (I) in the supply of general insurance services in respect of such motor vehicles, vessels or aircraft insured by him; (b) the following supply of goods or services or both,- (i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles, vessels or air craft referred to in clause (a) or clause (aa) except when used for the purposes specified therein, life insurance and health insurance: Provided that, the input tax credit in respect of such goods or services or both shall be available where an inward supply of such goods or services or both is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a tax able composite or mixed supply; (ii) membership of a club, health and fitness centre; and (iii) travel benefits extended to employees on vacation such as leave or home travel concession: Provided that, the input tax creditin respect of such goods or services or both shall be available, where it is obligatory for an employer to provide to its employees under any law for the time being inforce.]1. (c) works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service; (d) goods or services or both received by a taxable person for construction of an immovable property (other than 6[plant and machinery]6) on his own account including when such goods or services or both are used in the course or furtherance of business. Explanation.––For the purposes of clauses (c) and (d), the expression ―construction‖ includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property; (e) goods or services or both on which tax has been paid under section 10; (f) goods or services or both received by a non-resident taxable person except on goods imported by him; 4[(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);]4 (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of 5[section 74 in respect of any period upto Financial Year 2023-24.]5 (6) The Government may prescribe the manner in which the credit referred to in sub- sections (1) and (2) may be attributed. 8[Explanation1]8.–– For the purposes of this Chapter and Chapter VI, the expression ―plant and machinery‖ means apparatus, equipment, and machinery fixed to earth by foundation or structural support that are used for making outward supply of goods or services or both and includes such foundation and structural supports but excludes- (i) land, building or any other civil structures; (ii) telecommunication towers; and (iii) pipelines laid outside the factory premises. 7[Explanation-2.- For the purposes of clause (d), it is hereby clarified that notwithstanding anything to the contrary contained in any judgment, decree or order of any court, tribunal, or other authority, any reference to "plant or machinery" shall be construed 48 and shall always be deemed to have been construed as a reference to "plant and machinery.]7 1. Inserted by Act . 03 of 2019 w.e.f. 01.02.2019. 2. Substituted by Act 03 of 2019 w.e.f. 01.02.2019. 3. Substituted by Act 32 of 2023 w.e.f……………. 4. Inserted by Act 32 of 2023 w.e.f…………………. 5. Substitiuted by Act 02 of 2025 w.e.f ……………………………... 6. Substituted by Act 43 of 2025 w.e.f. 01.07.2017. 7. Inserted by Act 43 of 2025 w.e.f. ………………………………. 8. Renumbererd by Act 43 of 2025 w.e.f. …………………… 18. Availability of credit in special circumstances.- (1) Subject to such conditions and restrictions as may be prescribed – (a) a person who has applied for registration under this Act within thirty days from the date on which he becomes liable to registration and has been granted such registration shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date from which he becomes liable to pay tax under the provisions of this Act; (b) a person who takes registration under sub-section (3) of section 25 shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of grant of registration; (c) where any registered person ceases to pay tax under section 10, he shall be entitled to take credit of input tax in respect of inputs held in stock, inputs contained in semi-finished or finished goods held in stock and on capital goods on the day immediately preceding the date from which he becomes liable to pay tax under section 9: Provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed; (d) where an exempt supply of goods or services or both by a registered person becomes a taxable supply, such person shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock relatable to such exempt supply and on capital goods exclusively used for such exempt supply on the day immediately preceding the date from which such supply becomes taxable: Provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed. (2) A registered person shall not be entitled to take input tax credit under sub-section (1) in respect of any supply of goods or services or both to him after the expiry of one year from the date of issue of tax invoice relating to such supply. (3) Where there is a change in the constitution of a registered person on account of sale, merger, demerger, amalgamation, lease or transfer of the business with the specific provisions for transfer of liabilities, the said registered person shall be allowed to transfer the input tax credit which remains unutilised in his electronic credit ledger to such sold, merged, demerged, amalgamated, leased or transferred business in such manner as may be prescribed. (4) Where any registered person who has availed of input tax credit opts to pay tax under section 10 or, where the goods or services or both supplied by him become wholly exempt, he shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs 49 contained in semi-finished or finished goods held in stock and on capital goods, reduced by such percentage points as may be prescribed, on the day immediately preceding the date of exercising of such option or, as the case may be, the date of such exemption: Provided that after payment of such amount, the balance of input tax credit, if any, lying in his electronic credit ledger shall lapse. (5) The amount of credit under sub-section (1) and the amount payable under sub- section (4) shall be calculated in such manner as may be prescribed.

(6) In case of supply of capital goods or plant and machinery, on which input tax credit has been taken, the registered person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery determined under section15, whichever is higher: Provided that where refractory bricks, moulds and dies, jigs and fixtures are supplied as scrap, the taxable person may pay tax on the transaction value of such goods determined under section 15. 19. Taking input tax credit in respect of inputs and capital goods sent for job work.- (1) The principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on inputs sent to a job worker for job work. (2) Notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on inputs even if the inputs are directly sent to a job worker for job work without being first brought to his place of business. (3) Where the inputs sent for job work are not received back by the principal after completion of job work or otherwise or are not supplied from the place of business of the job worker in accordance with clause (a) or clause (b) of sub-section (1) of section 143 within one year of being sent out, it shall be deemed that such inputs had been supplied by the principal to the job worker on the day when the said inputs were sent out: Provided that where the inputs are sent directly to a job worker, the period of one year shall be counted from the date of receipt of inputs by the job worker. (4) The principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on capital goods sent to a job worker for job work. (5) Notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on capital goods even if the capital goods are directly sent to a job worker for job work without being first brought to his place of business. (6) Where the capital goods sent for job work are not received back by the principal within a period of three years of being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job worker on the day when the said capital goods were sent out: Provided that where the capital goods are sent directly to a job worker, the period of three years shall be counted from the date of receipt of capital goods by the job worker. (7) Nothing contained in sub-section (3) or sub-section (6) shall apply to moulds and dies, jigs and fixtures, or tools sent out to a job worker for job work. Explanation.- For the purpose of this section, ―principal‖ means the person referred to in section 143. 2[20. Manner of distribution of credit by Input Service Distributor.- (1) Any office of the supplier of goods or services or both which receives tax invoices towards the receipt of input services, including invoices in respect of services liable to tax under sub-section (3) or sub-section (4) of section 9, 3[of this Act or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax 50 3 Act, 2017 (Central Act No 13 of 2017)] for or on behalf of distinct persons referred to in section 25, shall be required to be registered as Input Service Distributor under clause (viii) of section 24 and shall distribute the input tax credit in respect of such invoices. (2) The Input Service Distributor shall distribute the credit of State tax or integrated tax charged on invoices received by him, including the credit or State tax or integrated tax in respect of services subject to levy of tax under sub-section (3) or sub-section (4) of section 9 3[of this Act or under sub- section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017 (Central Act No 13 of 2017),]3 paid by a distinct person registered in the same State as the said Input Service Distributor, in such manner, within such time and subject to restrictions and conditions as may be prescribed. (3) The credit of State tax shall be distributed as State tax or integratedtax and integrated tax as integrated tax or State tax, by way of issue of a document containing the amount of input tax credit, in such manner as may be prescribed.]2 1. Substituted by Act 03 of 2019 w.e.f. 01.02.2019. 2. Substituted by Act 36 of 2024 w.e.f. ……………………………. 3. inserted by Act 43 of 2025 w.e.f. 01.04.2025. 21. Manner of recovery of credit distributed in excess.- Where the Input Service Distributor distributes the credit in contravention of the provisions contained in section 20 resulting in excess distribution of credit to one or more recipients of credit, the excess credit so distributed shall be recovered from such recipients along with interest, and the provisions of section 73 or section 74, 1[or section 74A]1, as the case may be, shall, mutatis mutandis, apply for determination of amount to be recovered. 1. Inserted by Act 02 of 2025 w.e.f ……………………………... CHAPTER - VI REGISTRATION 22. Persons liable for registration.- (1) Every supplier making a taxable supply of goods or services or both in the State shall be liable to be registered under this Act if his aggregate turnover in a financial year exceeds twenty lakh rupees: Provided that where such person makes taxable supplies of goods or services or both from any of the special category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh rupees. 1[Provided further that, where such person makes taxable supplies of goods or services or both from a special category State in respect of which the Central Government has enhanced the aggregate turnover referred to in the first proviso, he shall be liable to be registered if his aggregate turnover in a financial year exceeds the amount equivalent to such enhanced turnover.]1; 2[Provided also that, the Government may, on the recommendations of the Council, enhance the aggregate turnover from twenty lakh rupees to such amount not exceeding forty lakh rupees in case of supplier who is engaged exclusively in the supply of goods, subject to such conditions and limitations, as may be notified. Explanation.– For the purposes of this sub-section, a person shall be considered to be engaged exclusively in the supply of goods even if he is engaged in exempt supply of services provided by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount.]2 (2) Every person who, on the day immediately preceding the appointed day, is registered or holds a license under an existing law, shall be liable to be registered under this Act with effect from the appointed day. (3) Where a business carried on by a taxable person registered under this Act is 51 transferred, whether on account of succession or otherwise, to another person as a going concern, the transferee or the successor, as the case may be, shall be liable to be registered with effect from the date of such transfer or succession. (4) Notwithstanding anything contained in sub-sections (1) and (3), in a case of transfer pursuant to sanction of a scheme or an arrangement for amalgamation or, as the case may be, demerger of two or more companies pursuant to an order of a High Court, Tribunal or otherwise, the transferee shall be liable to be registered, with effect from the date on which the Registrar of Companies issues a certificate of incorporation giving effect to such order of the High Court or Tribunal. Explanation.––For the purposes of this section,–– (i) the expression ―aggregate turnover‖ shall include all supplies made by the taxable person, whether on his own account or made on behalf of all his principals; (ii) the supply of goods, after completion of job work, by a registered job worker shall be treated as the supply of goods by the principal referred to in section 143, and the value of such goods shall not be included in the aggregate turnover of the registered job worker; (iii) the expression ―special category States‖ shall mean the States as specified in sub-clause (g) of clause (4) of article 279A of the Constitution1[except the State of Jammu and Kashmir and States of Arunachal Pradesh, Assam, Himachal Pradesh, Meghalaya, Sikkim and Uttarakhand]1. 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019 2. Inserted by Act 23 of 2019 w.e.f. 01.01.2020 23. Persons not liable for registration.- (1) The following persons shall not be liable to registration, namely:–– a. any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act; b. an agriculturist, to the extent of supply of produce out of cultivation of land. 1[(2) Notwithstanding anything to the contrary contained in sub-section (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.]1 1. Substituted by Act 32 of 2023 w.e.f. 01.07.2017. 24. Compulsory registration in certain cases.- Notwithstanding anything contained in sub-section (1) of section 22, the following categories of persons shall be required to be registered under this Act,- (i) persons making any inter-State taxable supply; (ii) casual taxable persons making taxable supply; (iii) persons who are required to pay tax under reverse charge; (iv) persons who are required to pay tax under sub-section (5) of section 9; (v) non-resident taxable persons making taxable supply; (vi) persons who are required to deduct tax under section 51, whether or not separately registered under this Act; (vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise; (viii) Input Service Distributor, whether or not separately registered under this Act; 52 (ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52; (x) every electronic commerce operator1[who is required to collect tax at source under section 52]1; (xi) every person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person;2[xxx]2 3[(xia) every person supplying online money gaming from a place outside India to a person in India; and".]3 (xii) such other person or class of persons as may be notified by the Government on the recommendations of the Council. 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019. 2. omitted by Act 02 of 2024 w.e.f. 01.10.2023. 3. Inserted by Act 02 of 2024 w.e.f. 01.10.2023 25. Procedure for registration.- (1) Every person who is liable to be registered under section 22 or section 24 shall apply for registration within thirty days from the date on which he becomes liable to registration, in such manner and subject to such conditions as may be prescribed: Provided that a casual taxable person or a non-resident taxable person shall apply for registration at least five days prior to the commencement of business. 1[Provided further that, a person having a unit, as defined in the Special Economic Zones Act, 2005 (Central Act 28 of 2005), in a Special Economic Zone or being a Special Economic Zone developer shall have to apply for a separate registration, as distinct from his place of business located outside the Special Economic Zone in the State.]1; Explanation.- Every person who makes a supply from the territorial waters of India shall obtain registration in the State where the nearest point of the appropriate baseline is located in the State. (2) A person seeking registration under this Act shall be granted a single registration: 2[Provided that, a person having multiple places of business in the State may be granted a separate registration for each such place of business, subject to such conditions as may be prescribed.]2. (3) A person, though not liable to be registered under section 22 or section 24 may get himself registered voluntarily, and all provisions of this Act, as are applicable to a registered person, shall apply to such person. (4) A person who has obtained or is required to obtain more than one registration, whether in one State or Union territory or more than one State or Union territory shall, in respect of each such registration, be treated as distinct persons for the purposes of this Act. (5) Where a person who has obtained or is required to obtain registration in a State or Union territory in respect of an establishment, has an establishment in another State or Union territory, then such establishments shall be treated as establishments of distinct persons for the purposes of this Act. (6) Every person shall have a Permanent Account Number issued under the Income- tax Act, 1961 (Central Act 43 of 1961) in order to be eligible for grant of registration: Provided that a person required to deduct tax under section 51 may have, in lieu of a Permanent Account Number, a Tax Deduction and Collection Account Number issued under the said Act in order to be eligible for grant of registration. 3[(6A) Every registered person shall undergo authentication, or furnish proof of possession of Aadhaar number, in such form and manner and within such time as may be 53 prescribed: Provided that, if an Aadhaar number is not assigned to the registered person, such person shall be offered alternate and viable means of identification in such manner as the Government may, on the recommendations of the Council, prescribe: Provided further that, in case of failure to undergo authentication or furnish proof of possession of Aadhaar number or furnish alternate and viable means of identification, registration allotted to such person shall be deemed to be invalid and the other provisions of this Act shall apply as if such person does not have a registration. (6B) On and from the date of notification, every individual shall, in order to be eligible for grant of registration, undergo authentication, or furnish proof of possession of Aadhaar number, in such manner as the Government may, on the recommendations of the Council, specify in the said notification: Provided that, if an Aadhaar number is not assigned to an individual, such individual shall be offered alternate and viable means of identification in such manner as the Government may, on the recommendations of the Council, specify in the said notification. (6C) On and from the date of notification, every person, other than an individual, shall, in order to be eligible for grant of registration, undergo authentication, or furnish proof of possession of Aadhaar number of the Karta, Managing Director, whole time Director, such number of partners, Members of Managing Committee of Association, Board of Trustees, authorised representative, authorised signatory and such other class of persons, in such manner, as the Government may, on the recommendation of the Council, specify in the said notification: Provided that, where such person or class of persons have not been assigned the Aadhaar Number, such person or class of persons shall be offered alternate and viable means of identification in such manner as the Government may, on the recommendations of the Council, specify in the said notification. (6D) The provisions of sub-section (6A) or sub-section (6B) or sub-section (6C) shall not apply to such person or class of persons or any State or Union territory or part thereof, as the Government may, on the recommendations of the Council, specify by notification. Explanation.- For the purposes of this section, the expression ―Aadhaar number‖ shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (Central Act 18 of 2016).]3 (7) Notwithstanding anything contained in sub-section (6), a non-resident taxable person may be granted registration under sub-section (1) on the basis of such other documents as may be prescribed. (8) Where a person who is liable to be registered under this Act fails to obtain registration, the proper officer may, without prejudice to any action which may be taken under this Act or under any other law for the time being in force, proceed to register such person in such manner as may be prescribed. (9) Notwithstanding anything contained in sub-section (1),–– (a) any specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) Act, 1947 (Central Act 46 of 1947), Consulate or Embassy of foreign countries; and (b) any other person or class of persons, as may be notified by the Commissioner, shall be granted a Unique Identity Number in such manner and for such purposes, including refund of taxes on the notified supplies of goods or services or both received by them, as 54 may be prescribed. (10) The registration or the Unique Identity Number shall be granted or rejected after due verification in such manner and within such period as may be prescribed. (11) A certificate of registration shall be issued in such form and with effect from such date as may be prescribed. (12) A registration or a Unique Identity Number shall be deemed to have been granted after the expiry of the period prescribed under sub-section (10), if no deficiency has been communicated to the applicant within that period. 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019 2. Substituted by Act 03 of 2019 w.e.f.01.02.2019 3. Inserted by Act 23 of 2019 w.e.f. 01.01.2020 26. Deemed registration.- (1) The grant of registration or the Unique Identity Number under the Central Goods and Services Tax Act shall be deemed to be a grant of registration or the Unique Identity Number under this Act subject to the condition that the application for registration or the Unique Identity Number has not been rejected under this Act within the time specified in sub-section (10) of section 25. (2) Notwithstanding anything contained in sub-section (10) of section 25, any rejection of application for registration or the Unique Identity Number under the Central Goods and Services Tax Act shall be deemed to be a rejection of application for registration under this Act. 27. Special provisions relating to casual taxable person and non- resident taxable person.- (1) The certificate of registration issued to a casual taxable person or a non-resident taxable person shall be valid for the period specified in the application for registration or ninety days from the effective date of registration, whichever is earlier and such person shall make taxable supplies only after the issuance of the certificate of registration: Provided that the proper officer may, on sufficient cause being shown by the said taxable person, extend the said period of ninety days by a further period not exceeding ninety days. (2) A casual taxable person or a non-resident taxable person shall, at the time of submission of application for registration under sub-section (1) of section 25, make an advance deposit of tax in an amount equivalent to the estimated tax liability of such person for the period for which the registration is sought: Provided that where any extension of time is sought under sub-section (1), such taxable person shall deposit an additional amount of tax equivalent to the estimated tax liability of such person for the period for which the extension is sought. (3) The amount deposited under sub-section (2) shall be credited to the electronic cash ledger of such person and shall be utilised in the manner provided under section 49. 28. Amendment of registration.- (1) Every registered person and a person to whom a Unique Identity Number has been assigned shall inform the proper officer of any changes in the information furnished at the time of registration or subsequent thereto, in such form and manner and within such period as may be prescribed. (2) The proper officer may, on the basis of information furnished under sub-section (1) or as ascertained by him, approve or reject amendments in the registration particulars in such manner and within such period as may be prescribed: Provided that approval of the proper officer shall not be required in respect of amendment of such particulars as may be prescribed: Provided further that the proper officer shall not reject the application for amendment in the registration particulars without giving the person an opportunity of being heard. 55 (3) Any rejection or approval of amendments under the Central Goods and Services Tax Act shall be deemed to be a rejection or approval under this Act. 29. Cancellation1[or suspension]1 of registration.- (1) The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where,–– a. the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or b. there is any change in the constitution of the business; or 2[(c) the taxable person is no longer liable to be registered under section 22 or section 24 or intends to opt out of the registration voluntarily made under sub-section (3) of section 25.]2 1[Provided that, during pendency of the proceedings relating to cancellation of registration filed by the registered person, the registration may be suspended for such period and in such manner as may be prescribed.]1; (2) The proper officer may cancel the registration of a person from such date, including any retrospective date, as he may deem fit, where,–– (a) a registered person has contravened such provisions of the Act or the rules made thereunder as may be prescribed; or (b) a person paying tax under section 10 has not furnished 3[the return for a financial year beyond three months from the due date of furnishing the said return]3; or (c) any registered person, other than a person specified in clause (b), has not furnished returns for 3[such continuous tax period as may be prescribed]3; or (d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or (e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts: Provided that the proper officer shall not cancel the registration without giving the person an opportunity of being heard. 1[Provided further that, during pendency of the proceedings relating to cancellation of registration, the proper officer may suspend the registration for such period and in such manner as may be prescribed.]1. (3) The cancellation of registration under this section shall not affect the liability of the person to pay tax and other dues under this Act or to discharge any obligation under this Act or the rules made thereunder for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation. (4) The cancellation of registration under the Central Goods and Services Tax Act shall be deemed to be a cancellation of registration under this Act. (5) Every registered person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant and machinery on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher, calculated in such manner as may be prescribed: 56 Provided that in case of capital goods or plant and machinery, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery, reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery under section 15, whichever is higher. (6) The amount payable under sub-section (5) shall be calculated in such manner as may be prescribed. 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019 . 2. Substituted by Act 20 of 2020 w.e.f. 01.01.2019. 3. Substituted by Act 36 of 2022 w.e.f. 01.10.2022. 30. Revocation of cancellation of registration.- (1) Subject to such conditions as may be prescribed, any registered person, whose registration is cancelled by the proper officer on his own motion, may apply to such officer for revocation of cancellation of the registration in 3[such manner, within such time and subject to such conditions and restrictions, as may be prescribed]3. 4[2[1[XXX]1]2]4. 1. Inserted by the Karnataka Goods and Services Tax (Fifth Removal of Difficulties) Order, 2019 issued vide order no. 05/2019 No.FD 47 CSL 2017, Bengaluru, dated 23.04.2019 2. Substituted by Act 20 of 2020 w.e.f. 01.01.2021. 3. Substituted by Act 32 of 2023 w.e.f…………………… 4. Omitted by Act 32 of 2023 w.e.f………………….. (2) The proper officer may, in such manner and within such period as may be prescribed, by order, either revoke cancellation of the registration or reject the application: Provided that the application for revocation of cancellation of registration shall not be rejected unless the applicant has been given an opportunity of being heard. 1[Provided further that, such revocation of cancellation of registration shall be subject to such conditions and restrictions, as may be prescribed.]1 . 1. Inserted by Act 02 of 2025 w.e.f ……………………………... (3) The revocation of cancellation of registration under the Central Goods and Services Tax Act shall be deemed to be a revocation of cancellation of registration under this Act. CHAPTER- VII TAX INVOICE, CREDIT AND DEBIT NOTES 31. Tax invoice.- (1) A registered person supplying taxable goods shall, before or at the time of,–– (a) removal of goods for supply to the recipient, where the supply involves movement of goods; or (b) delivery of goods or making available thereof to the recipient, in any other case, issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed: Provided that the Government may, on the recommendations of the Council, by notification, specify the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed. (2) A registered person supplying taxable services shall, before or after the provision of service but within a prescribed period, issue a tax invoice, showing the description, value, tax charged thereon and such other particulars as may be prescribed: 2[Provided that, the Government may, on the recommendations of the Council, by notification,- 57 (a) ) specify the categories of services or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed; (b) ) subject to the condition mentioned therein, specify the categories of services in respect of which,- ( i ) any other document issued in relation to the supply shall be deemed to be a tax invoice; or ( i i ) tax invoice may not be issued.]2 (3) Notwithstanding anything contained in sub-sections (1) and (2)–– (a) a registered person may, within one month from the date of issuance of certificate of registration and in such manner as may be prescribed, issue a revised invoice against the invoice already issued during the period beginning with the effective date of registration till the date of issuance of certificate of registration to him; (b) a registered person may not issue a tax invoice if the value of the goods or services or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed; 1[(c) a registered person supplying exempted goods or services or both or paying tax under the provisions of section 10 shall issue, instead of a tax invoice, a bill of supply containing such particulars and in such manner as may be prescribed: Provided that the registered person may not issue a bill of supply if the value of the goods or services or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed;]1 (d) a registered person shall, on receipt of advance payment with respect to any supply of goods or services or both, issue a receipt voucher or any other document, containing such particulars as may be prescribed, evidencing receipt of such payment; (e) where, on receipt of advance payment with respect to any supply of goods or services or both the registered person issues a receipt voucher, but subsequently no supply is made and no tax invoice is issued in pursuance thereof, the said registered person may issue to the person who had made the payment, a refund voucher against such payment; (f) a registered person who is liable to pay tax under sub-section (3) or sub- section (4) of section 9 shall 3[within the period as may be prescribed]3, issue an invoice in respect of goods or services or both received by him from the supplier who is not registered on the date of receipt of goods or services or both; (g) a registered person who is liable to pay tax under sub-section (3) or sub- section (4) of section 9 shall issue a payment voucher at the time of making payment to the supplier. 3[Explanation.–– For the purposes of clause (f), the expression ―supplier who is not registered‖ shall include the supplier who is registered solely for the purpose of deduction of tax under section 51.]3 (4) In case of continuous supply of goods, where successive statements of accounts or successive payments are involved, the invoice shall be issued before or at the time each such statement is issued or, as the case may be, each such payment is received. 58 (5) Subject to the provisions of clause (d) of sub-section (3), in case of continuous supply of services,–– (a) where the due date of payment is ascertainable from the contract, the invoice shall be issued on or before the due date of payment; (b) where the due date of payment is not ascertainable from the contract, the invoice shall be issued before or at the time when the supplier of service receives the payment; (c) where the payment is linked to the completion of an event, the invoice shall be issued on or before the date of completion of that event. (6) In a case where the supply of services ceases under a contract before the completion of the supply, the invoice shall be issued at the time when the supply ceases and such invoice shall be issued to the extent of the supply made before such cessation. (7) Notwithstanding anything contained in sub-section (1), where the goods being sent or taken on approval for sale or return are removed before the supply takes place, the invoice shall be issued before or at the time of supply or six months from the date of removal, whichever is earlier. Explanation.––For the purposes of this section, the expression ―tax invoice‖ shall include any revised invoice issued by the supplier in respect of a supply made earlier. 1. Please see the clarification pertaining to clause (C) of Sub-Section (3) of Section 31 in the Karnataka Goods and Service Tax (Removal of Difficulties) order 2019 issued vide order No FD 47 CSL dated 08.03.2019. 2. Substituted by Act 20 of 2020 w.e.f. 01.01.2021 3. Inserted by Act 02 of 2025 w.e.f ……………………………... 1[31A. Facility of digital payment to recipient.- The Government may, on the recommendations of the Council, prescribe a class of registered persons who shall provide prescribed modes of electronic payment to the recipient of supply of goods or services or both made by him and give option to such recipient to make payment accordingly, in such manner and subject to such conditions and restrictions, as may be prescribed.]1 1. Inserted by Act 23 of 2019 w.e.f. 01.01.2020 32. Prohibition of unauthorised collection of tax.- (1) A person who is not a registered person shall not collect in respect of any supply of goods or services or both any amount by way of tax under this Act. (2) No registered person shall collect tax except in accordance with the provisions of this Act or the rules made thereunder. 33. Amount of tax to be indicated in tax invoice and other documents.- Notwithstanding anything contained in this Act or any other law for the time being in force, where any supply is made for a consideration, every person who is liable to pay tax for such supply shall prominently indicate in all documents relating to assessment, tax invoice and other like documents, the amount of tax which shall form part of the price at which such supply is made. 34. Credit and debit notes.- (1) 1[Where one or more tax invoices have]1been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient, the registered person, who has supplied such goods or services or both, may issue to the recipient 1[one or more credit notes for supplies made in a financial year]1containing such particulars as may be prescribed. (2) Any registered person who issues a credit note in relation to a supply of goods or 59 services or both shall declare the details of such credit note in the return for the month during which such credit note has been issued but not later than 2[the thirtieth day of November]2 following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier, and the tax liability shall be adjusted in such manner as may be prescribed: 3[Provided that no reduction in output tax liability of the supplier shall be permitted, if the- (i) input tax credit as is attributable to such a credit note, if availed, has not been reversed by the recipient, where such recipient is a registered person; or (ii) incidence of tax on such supply has been passed on to any other person, in other cases.]3 (3) 1[Where one or more tax invoices have]1 been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax payable in respect of such supply, the registered person, who has supplied such goods or services or both, shall issue to the recipient 1[one or more debit notes for supplies made in a financial year]1a debit note containing such particulars as may be prescribed. Any registered person who issues a debit note in relation to a supply of goods or services or both shall declare the details of such debit note in the return for the month during which such debit note has been issued and the tax liability shall be adjusted in such manner as may be prescribed. Explanation.–– For the purposes of this Act, the expression ―debit note‖ shall include a supplementary invoice. 1. Substituted by Act 03 of 2019 w.e.f.01.02.2019. 2. Substituted by Act 36 of 2022 w.e.f . 01.10.2022. 3. Substituted by Act 43 of 2025 w.e.f. ………………………………. CHAPTER VIII ACCOUNTS AND RECORDS 35. Accounts and other records.- (1) Every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and correct account of - (a) production or manufacture of goods; (b) inward and outward supply of goods or services or both; (c) stock of goods; (d) input tax credit availed; (e) output tax payable and paid; and (f) such other particulars as may be prescribed: Provided that where more than one place of business is specified in the certificate of registration, the accounts relating to each place of business shall be kept at such places of business: Provided further that the registered person may keep and maintain such accounts and other particulars in electronic form in such manner as may be prescribed. (2) Every owner or operator of warehouse or godown or any other place used for storage of goods and every transporter, irrespective of whether he is a registered person or not, shall maintain records of the consigner, consignee and other relevant details of the goods in such manner as may be prescribed. (3) The Commissioner may notify a class of taxable persons to maintain additional accounts or documents for such purpose as may be specified therein. (4) Where the Commissioner considers that any class of taxable persons is not in a 60 position to keep and maintain accounts in accordance with the provisions of this section, he may, for reasons to be recorded in writing, permit such class of taxable persons to maintain accounts in such manner as may be prescribed. 2[1[(5)XXX]1]2 1.Inserted by Act 03 of 2019 w.e.f. 01.02.2019. 2.Omitted by Act 39 of 2021 w.e.f. 01.08.2021. (6) Subject to the provisions of clause (h) of sub-section (5) of section 17, where the registered person fails to account for the goods or services or both in accordance with the provisions of sub-section (1), the proper officer shall determine the amount of tax payable on the goods or services or both that are not accounted for, as if such goods or services or both had been supplied by such person and the provisions of section 73 or section 74, 1[or section 74A]1 as the case may be, shall, mutatis mutandis, apply for determination of such tax. 1. Inserted by Act 02 of 2025 w.e.f ……………………………... 36. Period of retention of accounts.- Every registered person required to keep and maintain books of account or other records in accordance with the provisions of sub- section (1) of section 35 shall retain them until the expiry of seventy two months from the due date of furnishing of annual return for the year pertaining to such accounts and records: Provided that a registered person, who is a party to an appeal or revision or any other proceedings before any Appellate Authority or Revisional Authority or Appellate Tribunal or court, whether filed by him or by the Commissioner, or is under investigation for an offence under Chapter XIX, shall retain the books of account and other records pertaining to the subject matter of such appeal or revision or proceedings or investigation for a period of one year after final disposal of such appeal or revision or proceedings or investigation, or for the period specified above, whichever is later. CHAPTER- IX RETURNS 37. Furnishing details of outward supplies.- (1) Every registered person, other than an Input Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish electronically , 2[subject to such conditions and restrictions and]2 in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period on or before the tenth day of the month succeeding the said tax period and such details 3[shall, subject to such conditions and restrictions, within such time and in such manner as may be prescribed, be communicated to the recipient of the said supplies]3: 4[XXX]4 3[Provided that]3 the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein: 3[Provided further that]3 any extension of time limit notified by the Commissioner of central tax shall be deemed to be notified by the Commissioner. 4[(2) XXX]4 (3) Any registered person, who has furnished the details under sub-section (1) for any tax period 4[XXX]4, shall, upon discovery of any error or omission therein, rectify such error or omission in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period: Provided that no rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after 3[the thirtieth day of November]3 following the 61 end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier. 1[Provided further that the rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after furnishing of the return under section 39 for the month of September, 2018 till the due date for furnishing the details under sub- section (1) for the month of March, 2019 or for the quarter January, 2019 to March, 2019]1 2[(4) A registered person shall not be allowed to furnish the details of outward supplies under sub-section(1) for a tax period, if the details of outward supplies for any of the previous tax periods has not been furnished by him: 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 under sub-section (1), even if he has not furnished the details of outward supplies for one or more previous tax periods.]2 5[(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.]5 Explanation.––For the purposes of this Chapter, the expression ―details of outward supplies‖ shall include details of invoices, debit notes, credit notes and revised invoices issued in relation to outward supplies made during any tax period. 1. Inserted by the Karnataka Goods and Services Tax (Second Removal of Difficulties) Order, 2018 issued vide order no. 02/2018 No.FD 47 CSL 2017, Bengaluru, dated 31.12.2018. 2. Inserted by Act 36 of 2022 w.e.f. 01.10.2022. 3. Substituted by Act 36 of 2022 w.e.f. 01.10.2022. 4. Omitted by Act 36 of 2022 w.e.f.01.10.2022. 5. Inserted by Act 32 of 2023 w.e.f……………………. 1[38. Communication of details of inward supplies and input tax credit.- (1) The details of outward supplies furnished by the registered persons under sub- section (1) of section 37 and of such other supplies as may be prescribed, and 2[a statement]2 containing the details of input tax credit shall be made available electronically to the recipients of such supplies in such form and manner, within such time, and subject to such conditions and restrictions as may be prescribed. (2) The 2[statement referred in]2 sub-section (1) shall consist of- (a) details of inward supplies in respect of which credit of input tax may be available to the recipient; 3[XXX]3 (b) details of supplies in respect of which such credit cannot be availed, whether wholly or partly, by the recipient, 4[including]4 on account of the details of the said supplies being furnished under sub-section (1) of section 37,- (i) by any registered person within such period of taking registration as may be prescribed; or (ii) by any registered person, who has defaulted in payment of tax and where such default has continued for such period as may be prescribed; or (iii) by any registered person, the output tax payable by whom in accordance with the statement of outward supplies furnished by him under the said sub-section during such period, as may be prescribed, exceeds the output tax paid by him during the said period by such limit as may be prescribed; or 62 (iv) by any registered person who, during such period as may be prescribed, has availed credit of input tax of an amount that exceeds the credit that can be availed by him in accordance with clause (a), by such limit as may be prescribed; or (v) by any registered person, who has defaulted in discharging his tax liability in accordance with the provisions of sub-section (12) of section 49 subject to such conditions and restrictions as may be prescribed; or (vi) by such other class of persons as may be prescribed.]1 4[(c) such other details as may be prescribed.]4 1. Substituted by Act 36 of 2022 w.e.f. 01.10.2022. 2. Substituted by Act 43 of 2025 w.e.f. ………………………………. 3. Omitted by Act 43 of 2025 w.e.f. ………………………………. 4. Inserted by Act 43 of 2025 w.e.f. ………………………………. 39. Furnishing of returns.- 4[(1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52 shall, for every calendar month or part thereof, furnish, a return, electronically, of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars, in such form and manner, 8[within such time, and subject to such conditions and restrictions]8 as may be prescribed: Provided that, the Government may, on the recommendations of the Council, notify certain class of registered persons who shall furnish a return for every quarter or part thereof, subject to such conditions and restrictions as may be specified therein. (2) A registered person paying tax under the provisions of section 10, shall, for each financial year or part thereof, furnish a return, electronically, of turnover in the State, inward supplies of goods or services or both, tax payable, tax paid and such other particulars in such form and manner, and within such time, as may be prescribed.]4 7[(3) Every registered person required to deduct tax at source under section 51 shall electronically furnish a return for every calendar month of the deductions made during the month in such form and manner and within such time as may be prescribed: Provided that, the said registered person shall furnish a return for every calendar month whether or not any deductions have been made during the said month.]7 (4) Every taxable person registered as an Input Service Distributor shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within thirteen days after the end of such month. (5) Every registered non-resident taxable person shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within 5[thirteen]5 days after the end of a calendar month or within seven days after the last day of the period of registration specified under sub-section (1) of section 27, whichever is earlier. (6) The Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein:

Provided that any extension of time limit notified by the Commissioner of central tax shall be deemed to be notified by the Commissioner. 3[Provided that, the Government may, on the recommendations of the Council, notify certain classes of registered persons who shall furnish return for every quarter or part thereof, subject to such conditions and safeguards as may be specified therein.]3; 63 4[(7) Every registered person who is required to furnish a return under sub-section (1), other than the person referred to in the proviso thereto, or sub-section (3) or sub-section (5), shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return: 5[Provided that every registered person furnishing return under the proviso to sub- section (1) shall pay to the Government, in such form and manner, and within such time, as may be prescribed,- a. an amount equal to the tax due taking into account inward and outward supplies of goods or services or both, input tax credit availed, tax payable and such other particulars during a month; or b. in lieu of the amount referred to in clause (a), an amount determined in such manner and subject to such conditions and restrictions as may be prescribed.]5 Provided further that, every registered person furnishing return under sub-section (2) shall pay to the Government the tax due taking into account turnover in the State, inward supplies of goods or services or both, tax payable, and such other particulars during a quarter, in such form and manner, and within such time, as may be prescribed.]4 (8) Every registered person who is required to furnish a return under sub-section (1) or sub-section (2) shall furnish a return for every tax period whether or not any supplies of goods or services or both have been made during such tax period. (9) 5[Where]5, any registered person after furnishing a return under sub-section (1) or sub-section (2) sub-section (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in 1[in such form and manner as may be prescribed]1, subject to payment of interest under this Act: Provided that no such rectification of any omission or incorrect particulars shall be allowed after 5[the thirtieth day of November]5 following 1[the end of the financial year to which such details pertain]1, or the actual date of furnishing of relevant annual return, whichever is earlier. (10) A registered person shall not be allowed to furnish a return for a tax period if the return for any of the previous tax periods 5[or the details of outward supplies under sub- section (1) of section 37 for the said tax period has not been furnished by him: 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, even if he has not furnished the returns for one or more previous tax periods or has not furnished the details of outward supplies under sub-section (1) of section 37 for the said tax period.]5 6[(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.]6 1. Substituted by Act 03 of 2019 w.e.f. 2. omitted by Act 03 of 2019 w.e.f 3. Inserted by Act 03 of 2019 w.e.f 4. Substituted by Act 23 of 2019 w.e.f. 5. Substituted by Act 36 of 2022 w.e.f.01.10.2022. 6. Inserted by Act 32 of 2023 w.e.f……………………. 7. Substituted by Act 02 of 2025 w.e.f ……………………………... 8. Substituted by Act 43 of 2025 w.e.f. ………………………………. 40. First Return.- Every registered person who has made outward supplies in the 64 period between the date on which he became liable to registration till the date on which registration has been granted shall declare the same in the first return furnished by him after grant of registration. 1[41.Availment of input tax credit.- (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed, be entitled to avail the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited to his electronic credit ledger. (2) The credit of input tax availed by a registered person under sub-section (1) in respect of such supplies of goods or services or both, the tax payable whereon has not been paid by the supplier, shall be reversed along with applicable interest, by the said person in such manner as may be prescribed: Provided that where the said supplier makes payment of the tax payable in respect of the aforesaid supplies, the said registered person may re-avail the amount of credit reversed by him in such manner as may be prescribed.]1 1. Substituted by Act 36 of 2022 w.e.f.01.10.2022. 2[42.XXX]2 1. Omitted by Act 36 of 2022 w.e.f.01.10.2022. 2[43. XXX]2 1. Omitted by Act 36 of 2022 w.e.f.01.10.2022. 2[43A.XXX.]2 1. Inserted by Act 03 of 2019 w.e.f……….. 2. Omitted by Act 36 of 2022 w.e.f.01.10.2022 . . 7[6[5[4[3[2[1[44. Annual return.- 8[(1)]8 Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self- certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner as may be prescribed: Provided that the Commissioner may, on the recommendations of the Council,by notification, exempt any class of registred persons from filling annual return under this section: Provided further that nothing contained in this section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.]1]2]3]4]5]6]7 9[(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.]9 65 1. Inserted by the Karnataka Goods and Services Tax (Removal of Difficulties) Order, 2018 issued vide order no. 01/2018 No.FD 47 CSL 2017, Bengaluru, dated 31.12.2018. 2. Substituted by the Karnataka Goods and Services Tax (Third Removal of Difficulties) Order, 2018 issued vide order no. 03/2018 No.FD 47 CSL 2017, Bengaluru, dated 31.12.2018. 3. Substituted by the Karnataka Goods and Services Tax (Sixth Removal of Difficulties) Order, 2019 issued vide order no. 06/2019 No.FD 47 CSL 2017, Bengaluru, dated 29.06.2019. 4. Substituted by the Karnataka Goods and Services Tax (Seventh Removal of Difficulties) Order, 2019 issued vide order no. 07/2019 No.FD 47 CSL 2017, Bengaluru, dated 04.09.2019. 5. Substituted by the Karnataka Goods and Services Tax (Eighth Removal of Difficulties) Order, 2019 issued vide order no. 08/2019 No.FD 47 CSL 2017, Bengaluru, dated 26.11.2019. The Previous Text was: 6. Inserted by Act 23 of 2019 w.e.f. 01.01.2020. 7. Substituted by Act 39 of 2021 w.e.f. 01.08.2021. 8. Renumbered by Act 32 of 2023 w.e.f…………………………. 9. Inserted by Act 32 of 2023 w.e.f…………………………. 45. Final return.- Every registered person who is required to furnish a return under sub-section (1) of section 39 and whose registration has been cancelled shall furnish a final return within three months of the date of cancellation or date of order of cancellation, whichever is later, in such form and manner as may be prescribed. 46. Notice to return defaulters.- Where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribed. 47. Levy of late fee.- (1) Any registered person who fails to furnish the details of outward 1[XXX]1 supplies required under section 37 1[XXX]1 or returns required under section 39 or section 45 2[or section 52]2 by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees. (2) Any registered person who fails to furnish the return required under section 44 by the due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent. of his turnover in the State. 1. Omitted by Act 36 of 2022 w.e.f.01.10.2022. 2. Inserted by Act 36 of 2022 w.e.f.01.10.2022 48. Goods and services tax practitioners.- (1) The manner of approval of goods and services tax practitioners, their eligibility conditions, duties and obligations, manner of removal and other conditions relevant for their functioning shall be such as may be prescribed. (2) A registered person may authorise an approved goods and services tax practitioner to furnish the details of outward supplies under section 37, 2[XXX]2 and the return under section 39 or section 44 or section 45 1[and to perform such other functions]1in such manner as may be prescribed. (3) Notwithstanding anything contained in sub-section (2), the responsibility for correctness of any particulars furnished in the return or other details filed by the goods and services tax practitioners shall continue to rest with the registered person on whose behalf such return and details are furnished. 1. Inserted by Act 03 of 2019 w.e.f.01.02.2019. 2. Omitted by Act 36 of 2022 w.e.f.01.10.2022. CHAPTER-X PAYMENT OF TAX 49. Payment of tax, interest, penalty and other amounts.- (1) Every deposit made towards tax, interest, penalty, fee or any other amount by a person by internet banking or by using credit or debit cards or National Electronic Fund Transfer or Real Time Gross Settlement or by such other mode and subject to such conditions and restrictions as may be 66 prescribed, shall be credited to the electronic cash ledger of such person to be maintained in such manner as may be prescribed. (2) The input tax credit as self-assessed in the return of a registered person shall be credited to his electronic credit ledger, in accordance with 1[section 41 3[XXX]1]3, to be maintained in such manner as may be prescribed. (3) The amount available in the electronic cash ledger may be used for making any payment towards tax, interest, penalty, fees or any other amount payable under the provisions of this Act or the rules made thereunder in such manner and subject to such conditions and within such time as may be prescribed. (4) The amount available in the electronic credit ledger may be used for making any payment towards output tax under this Act or under the Integrated Goods and Services Tax Act in such manner and subject to such conditions 4[and restricitions]4 and within such time as may be prescribed. (5) The amount of input tax credit available in the electronic credit ledger of the registered person on account of –– (a) integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any, may be utilised towards the payment of central tax and State tax, or as the case may be, Union territory tax, in that order; (b) the central tax shall first be utilised towards payment of central tax and the amount remaining, if any, may be utilised towards the payment of integrated tax; (c) the State tax shall first be utilised towards payment of State tax and the amount remaining, if any, may be utilised towards the payment of integrated tax: 2[Provided that, the input tax credit on account of State tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax;]2; (d) the Union territory tax shall first be utilised towards payment of Union territory tax and the amount remaining, if any, may be utilised towards the payment of integrated tax: 2[Provided that, the input tax credit on account of Union territory tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax;]2 (e) the central tax shall not be utilised towards payment of State tax or Union territory tax; and (f) the State tax or Union territory tax shall not be utilised towards payment of central tax. (6) The balance in the electronic cash ledger or electronic credit ledger after payment of tax, interest, penalty, fee or any other amount payable under this Act or the rules made thereunder may be refunded in accordance with the provisions of section 54. (7) All liabilities of a taxable person under this Act shall be recorded and maintained in an electronic liability register in such manner as may be prescribed. (8) Every taxable person shall discharge his tax and other dues under this Act or the rules made thereunder in the following order, namely:–– (a) self-assessed tax, and other dues related to returns of previous tax periods; (b) self-assessed tax, and other dues related to the return of the current tax period; 67 (c) any other amount payable under this Act or the rules made thereunder including the demand determined under section 73 or section 74, 5[or section 74A]5. (9) Every person who has paid the tax on goods or services or both under this Act shall, unless the contrary is proved by him, be deemed to have passed on the full incidence of such tax to the recipient of such goods or services or both. Explanation.––For the purposes of this section, (a) the date of credit to the account of the Government in the authorised bank shall be deemed to be the date of deposit in the electronic cash ledger; (b) the expression,- (i) ―tax dues‖ means the tax payable under this Act and does not include interest, fee and penalty; and (ii) ―other dues‖ means interest, penalty, fee or any other amount payable under this Act or the rules made thereunder. 1. Substituted by Act 03 of 2019 w.e.f. 2. Inserted by Act 03 of 2019 w.e.f.01.02.2019 3. Omitted by Act 36 of 2022 w.e.f.01.10.2022. 4. Inserted by Act 36 of 2022 w.e.f.01.10.2022. 5. Inserted by Act 02 of 2025 w.e.f. ………………………… 1[(10) A registered person may, on the common portal, transfer any amount of tax, interest, penalty, fee or any other amount available in the electronic cash ledger under this Act, to the electronic cash ledger for integrated tax, central tax, State tax, Union territory tax or cess, in such form and manner and subject to such conditions and restrictions as may be prescribed and such transfer shall be deemed to be a refund from the electronic cash ledger under this Act. (11) Where any amount has been transferred to the electronic cash ledger under this Act, the same shall be deemed to be deposited in the said ledger as provided in sub -section (1).]1 1. Inserted by Act 23 of 2019 w.e.f. 01.01.2020 1[(12) Notwithstanding anything contained in this Act, the Government may, on the recommendations of the Council, subject to such conditions and restrictions, specify such maximum proportion of output tax liability under this Act or under the Integrated Goods and Services Tax Act, 2017 which may be discharged through the electronic credit ledger by a registered person or a class of registered persons, as may be prescribed.]1 1. Inserted by Act 36 of 2022 w.e.f 05.07.2022. 2[49A. Utilisation of input tax credit subject to certain conditions.- Notwithstanding anything contained in section 49, the input tax credit on account of State tax shall be utilised towards payment of integrated tax or State tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilised fully towards such payment. 49B. Order of utilisation of the input tax credit.- Notwithstanding anything contained in this Chapter and subject to the provisions of clause (e) and clause (f) of sub- section (5) of section 49, the Government may, on the recommendations of the Council, prescribe the order and manner of utilisation of the input tax credit on account of integrated tax, central tax, State tax or Union territory tax, as the case may be, towards payment of any such tax.]2. 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019 . 68 50. Interest on delayed payment of tax.- (1) Every person who is liable to pay tax in accordance with the provisions of this Act or the rules made thereunder, but fails to pay the tax or any part thereof to the Government within the period prescribed, shall for the period for which the tax or any part thereof remains unpaid, pay, on his own, interest at such rate, not exceeding eighteen per cent., as may be notified by the Government on the recommendations of the Council. 2[1[Provided that, the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74, 4[or section 74A]4 in respect of the said period, shall be levied on that portion of the tax which is Paid by debiting the electronic cash ledger.]1]2 (2) The interest under sub-section (1) shall be calculated, in such manner as may be prescribed, from the day succeeding the day on which such tax was due to be paid. 3 [(3) Where the input tax credit has been wrongly availed and utilised, the registered person shall pay interest on such input tax credit wrongly availed and utilised, at such rate not exceeding twenty-four per cent. as may be notified by the Government, on the recommendations of the Council, and the interest shall be calculated, in such manner as may be prescribed.]3 1. Inserted by Act 23 of 2019 w.e.f. 2. Deemed to have been Substituted by Act 39 of 2021 w.e.f. 01.07.2017. 3. Deemed yo have been Substituted by Act 36 of 2022 w.e.f. 01.07.2017. 4. Inserted by Act 02 of 2025 w.e.f. ………………………… 51. Tax deduction at source.- (1) Notwithstanding anything to the contrary contained in this Act, the Government may mandate,- (a) a department or establishment of the Central Government or State Government; or (b) local authority; or (c) Governmental agencies; or (d) such persons or category of persons as may be notified by the Government on the recommendations of the Council, (hereafter in this section referred to as ―the deductor), to deduct tax at the rate of one per cent. from the payment made or credited to the supplier (hereafter in this section referred to as ―the deductee) of taxable goods or services or both, where the total value of such supply, under a contract, exceeds two lakh and fifty thousand rupees: Provided that no deduction shall be made if the location of the supplier and the place of supply is in a State or Union territory which is different from the State or, as the case may be, Union territory of registration of the recipient. Explanation.––For the purpose of deduction of tax specified above, the value of supply shall be taken as the amount excluding the central tax, State tax, integrated tax and cess indicated in the invoice. (2) The amount deducted as tax under this section shall be paid to the Government by the deductor within ten days after the end of the month in which such deduction is made, in such manner as may be prescribed. 1[(3) A certificate of tax deduction at source shall be issued in such form and in such manner as may be prescribed.]1 2[(4)XXX]2 (5) The deductee shall claim credit, in his electronic cash ledger, of the tax deducted and reflected in the return of the deductor furnished under sub-section (3) of section 39, in such manner as may be prescribed. 69 (6) If any deductor fails to pay to the Government the amount deducted as tax under sub-section (1), he shall pay interest in accordance with the provisions of sub-section (1) of section 50, in addition to the amount of tax deducted. (7) The determination of the amount in default under this section shall be made in the manner specified in section 73 or section 74 3[or section 74A]3. (8) The refund to the deductor or the deductee arising on account of excess or erroneous deduction shall be dealt with in accordance with the provisions of section 54: Provided that no refund to the deductor shall be granted, if the amount deducted has been credited to the electronic cash ledger of the deductee. 1. Substituted by Act 20 of 2020 w.e.f. 01.01.2021 2. Omitted by Act 20 of 2020 w.e.f.01.01.2021 3. Inserted by Act 02 of 2025 w.e.f. ………………………… 52. Collection of tax at source.- (1) Notwithstanding anything to the contrary contained in this Act, every electronic commerce operator (hereafter in this section referred to as the ―operator‖), not being an agent, shall collect an amount calculated at such rate not exceeding one per cent., as may be notified by the Government on the recommendations of the Council, of the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by the operator. Explanation.––For the purposes of this sub-section, the expression "net value of taxable supplies" shall mean the aggregate value of taxable supplies of goods or services or both, other than services notified under sub-section (5) of section 9, made during any month by all registered persons through the operator reduced by the aggregate value of taxable supplies returned to the suppliers during the said month. (2) The power to collect the amount specified in sub-section (1) shall be without prejudice to any other mode of recovery from the operator. (3) The amount collected under sub-section (1) shall be paid to the Government by the operator within ten days after the end of the month in which such collection is made, in such manner as may be prescribed. (4) Every operator who collects the amount specified in sub-section (1) shall furnish a statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under sub-section (1) during a month, in such form and manner as may be prescribed, within ten days after the end of such month. 4[Provided that, the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the statement for such class of registered persons as may be specified therein: Provided further that, any extension of time limit notified by the Commissioner of Central tax shall be deemed to be notified by the Commissioner.]4 1[Explanation:- For the purposes of this sub-section, it is hereby declared that the due date for furnishing the said statement for the months of October, November and December, 2018 shall be the 2[07thFebruary, 2019]2]1 (5) Every operator who collects the amount specified in sub-section (1) shall furnish an annual statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under the said sub-section during the financial year, in such form and manner as may be prescribed, before the thirty first day of December following the end of such financial year. 2[Provided that, the Commissioner may, on the recommendations of the Council and for reasons to be recorded in writing, by notification, extend the time limit for furnishing the annual statement for such class of registered persons as may be specified therein: 70 Provided further that, any extension of time limit notified by the Commissioner of Central tax shall be deemed to be notified by the Commissioner.]2. (6) If any operator after furnishing a statement under sub-section (4) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the statement to be furnished for the month during which such omission or incorrect particulars are noticed, subject to payment of interest, as specified in sub-section (1) of section 50: Provided that no such rectification of any omission or incorrect particulars shall be allowed after the 5[thirtieth day of November]5 following the end of the financial year or the actual date of furnishing of the relevant annual statement, whichever is earlier. (7) The supplier who has supplied the goods or services or both through the operator shall claim credit, in his electronic cash ledger, of the amount collected and reflected in the statement of the operator furnished under sub-section (4), in such manner as may be prescribed. (8) The details of supplies furnished by every operator under sub-section (4) shall be matched with the corresponding details of outward supplies furnished by the concerned supplier registered under this Act in such manner and within such time as may be prescribed. (9) Where the details of outward supplies furnished by the operator under sub- section (4) do not match with the corresponding details furnished by the supplier under 3[section 37 or section 39]3, the discrepancy shall be communicated to both persons in such manner and within such time as may be prescribed. (10) The amount in respect of which any discrepancy is communicated under sub- section (9) and which is not rectified by the supplier in his valid return or the operator in his statement for the month in which discrepancy is communicated, shall be added to the output tax liability of the said supplier, where the value of outward supplies furnished by the operator is more than the value of outward supplies furnished by the supplier, in his return for the month succeeding the month in which the discrepancy is communicated in such manner as may be prescribed. (11) The concerned supplier, in whose output tax liability any amount has been added under sub-section (10), shall pay the tax payable in respect of such supply along with interest, at the rate specified under sub-section (1) of section 50 on the amount so added from the date such tax was due till the date of its payment. (12) Any authority not below the rank of Deputy Commissioner may serve a notice, either before or during the course of any proceedings under this Act, requiring the operator to furnish such details relating to— (a) supplies of goods or services or both effected through such operator during any period; or (b) stock of goods held by the suppliers making supplies through such operator in the godowns or warehouses, by whatever name called, managed by such operator and declared as additional places of business by such suppliers, as may be specified in the notice. (13) Every operator on whom a notice has been served under sub-section (12) shall furnish the required information within fifteen working days of the date of service of such notice. (14) Any person who fails to furnish the information required by the notice served under sub-section (12) shall, without prejudice to any action that may be taken under section 122, be liable to a penalty which may extend to twenty-five thousand rupees. 71 6[(15) The operator shall not be allowed to furnish a statement under sub-section (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.]6 Explanation.— For the purposes of this section, the expression ―concerned supplier‖ shall mean the supplier of goods or services or both making supplies through the operator. 1. Inserted by the Karnataka Goods and Services Tax (Fourth Removal of Difficulties) Order, 2018 issued vide order no. 04/2018 No.FD 47 CSL 2017, Bengaluru, dated 31.12.2018. 2. Substituted by the Karnataka Goods and Services Tax (Second Removal of Difficulties) Order, 2019 issued vide order no. 02/2019 No.FD 47 CSL 2017, Bengaluru, dated 02.02.2019 3. Substituted by Act 03 of 2019 w.e.f. 01.02.2019 4. Inserted by Act 23 of 2019 w.e.f. 01.01.2020 5. Substituted by 36 of 2022 w.e.f.01.10.2022. 6. Inserted by Act 32 of 2023 w.e.f…………….. 53. Transfer of input tax credit.- On utilisation of input tax credit availed under this Act for payment of tax dues under the Integrated Goods and Services Tax Act in accordance with the provisions of sub-section (5) of section 49, as reflected in the valid return furnished under sub-section (1) of section 39, the amount collected as State tax shall stand reduced by an amount equal to such credit so utilised and the State Government shall transfer an amount equal to the amount so reduced from the State tax account to the integrated tax account in such manner and within such time as may be prescribed. 1[53A. Transfer of certain amounts.- Where any amount has been transferred from the electronic cash ledger under this Act to the electronic cash ledger under the Central Goods and Services Tax Act or under the Integrated Goods and Services Tax Act or under the Goods and Services Tax (Compensation to States) Act, the Government shall, transfer to the central tax account or integrated tax account or cess account, an amount equal to the amount transferred from the electronic cash ledger, in such manner and within such time as may be prescribed.]1. 1. Inserted by Act 23 of 2019 w.e.f. 01.01.2020 CHAPTER XI REFUNDS 54. Refund of tax.- (1) Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed: Provided that a registered person, claiming refund of any balance in the electronic cash ledger in accordance with the provisions of sub-section (6) of section 49, may claim such refund in 1[such form and]1 manner as may be prescribed. 1. Substituted by Act 36 of 2022 w.e.f.01.10.2022. (2) A specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947 (Central Act 46 of 1947), Consulate or Embassy of foreign countries or any other person or class of persons, as notified under section 55, entitled to a refund of tax paid by it on inward supplies of goods or services or both, may make an application for such refund, in such form and manner as may be prescribed, before the expiry of 1[two years]1 from the last day of the quarter in which such supply was received. 1. Substituted by Act 36 of 2022 w.e.f.01.10.2022. (3) Subject to the provisions of sub-section (10), a registered person may claim 72 refund of any unutilised input tax credit at the end of any tax period: Provided that no refund of unutilised input tax credit shall be allowed in cases other than- (i) zero-rated supplies made without payment of tax; (ii) where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council: 1[XXX]1 Provided also that no refund of input tax credit shall be allowed, if the supplier of goods or services or both claims refund of the integrated tax paid on such supplies. 1. Omitted by Act 02 of 2025 w.e.f. …………………… (4) The application shall be accompanied by— (a) such documentary evidence as may be prescribed to establish that a refund is due to the applicant; and (b) such documentary or other evidence (including the documents referred to in section 33) as the applicant may furnish to establish that the amount of tax and interest, if any, paid on such tax or any other amount paid in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such tax and interest had not been passed on to any other person: Provided that where the amount claimed as refund is less than two lakh rupees, it shall not be necessary for the applicant to furnish any documentary and other evidences but he may file a declaration, based on the documentary or other evidences available with him, certifying that the incidence of such tax and interest had not been passed on to any other person. (5) If, on receipt of any such application, the proper officer is satisfied that the whole or part of the amount claimed as refund is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund referred to in section 57. (6) Notwithstanding anything contained in sub-section (5), the proper officer may, in the case of any claim for refund on account of zero-rated supply of goods or services or both made by registered persons, other than such category of registered persons as may be notified by the Government on the recommendations of the Council, refund on a provisional basis, ninety per cent. of the total amount so claimed, 1[XXX]1 in such manner and subject to such conditions, limitations and safeguards as may be prescribed and thereafter make an order under sub-section (5) for final settlement of the refund claim after due verification of documents furnished by the applicant. 1. Omitted by Act 32 of 2023 w.e.f………… (7) The proper officer shall issue the order under sub-section (5) within sixty days from the date of receipt of application complete in all respects. (8) Notwithstanding anything contained in sub-section (5), the refundable amount shall, instead of being credited to the Fund, be paid to the applicant, if such amount is relatable to – (a) refund of tax paid on 1[export]1 of goods or services or both or on inputs or input services used in making such 1[exports]1; (b) refund of unutilised input tax credit under sub-section (3); (c) refund of tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued, or where a refund voucher has been issued; 73 (d) refund of tax in pursuance of section 77; (e) the tax and interest, if any, or any other amount paid by the applicant, if he had not passed on the incidence of such tax and interest to any other person; or (f) the tax or interest borne by such other class of applicants as the Government may, on the recommendations of the Council, by notification, specify. 3[(8A) Where the Central Government has disbursed the refund of State tax, the Government shall transfer an amount equal to the amount so refunded, to the Central Government.]3. (9) Notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the Appellate Tribunal or any court or in any other provisions of this Act or the rules made thereunder or in any other law for the time being in force, no refund shall be made except in accordance with the provisions of sub-section (8). (10) Where any refund is due 1[XXX]1 to a registered person who has defaulted in furnishing any return or who is required to pay any tax, interest or penalty, which has not been stayed by any court, Tribunal or Appellate Authority by the specified date, the proper officer may— (a) withhold payment of refund due until the said person has furnished the return or paid the tax, interest or penalty, as the case may be; (b) deduct from the refund due, any tax, interest, penalty, fee or any other amount which the taxable person is liable to pay but which remains unpaid under this Act or under the existing law. 1. Omitted by Act 36 of 2022 w.e.f.01.10.2022. Explanation.––For the purposes of this sub-section, the expression ―specified date‖ shall mean the last date for filing an appeal under this Act. (11) Where an order giving rise to a refund is the subject matter of an appeal or further proceedings or where any other proceedings under this Act is pending and the Commissioner is of the opinion that grant of such refund is likely to adversely affect the revenue in the said appeal or other proceedings on account of malfeasance or fraud committed, he may, after giving the taxable person an opportunity of being heard, withhold the refund till such time as he may determine. (12) Where a refund is withheld under sub-section (11), the taxable person shall, notwithstanding anything contained in section 56, be entitled to interest at such rate not exceeding six per cent. as may be notified on the recommendations of the Council, if as a result of the appeal or further proceedings he becomes entitled to refund. (13) Notwithstanding anything to the contrary contained in this section, the amount of advance tax deposited by a casual taxable person or a non-resident taxable person under sub-section (2) of section 27, shall not be refunded unless such person has, in respect of the entire period for which the certificate of registration granted to him had remained in force, furnished all the returns required under section 39. (14) Notwithstanding anything contained in this section, no refund under sub-section (5) or sub-section (6) shall be paid to an applicant, if the amount is less than one thousand rupees. 1[(15) Notwithstanding anything contained in this section, no refund of unutilised input tax credit on account of zero rated supply of goods or of integrated tax paid on account of zero rated supply of goods shall be allowed where such zero rated supply of goods is subjected to export duty.]1 1. Inserted by Act 02 of 2025 w.e.f. ……………………………… 74 Explanation.—For the purposes of this section,–– (1) refund includes refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilised input tax credit as provided under sub-section (3). (2) relevant date means – (a) in the case of goods exported out of India where a refund of tax paid is available in respect of goods themselves or, as the case may be, the inputs or input services used in such goods,–– (i) if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves India; or (ii) if the goods are exported by land, the date on which such goods pass the frontier; or (iii) if the goods are exported by post, the date of despatch of goods by the Post Office concerned to a place outside India; (b) in the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is furnished; 1[(ba) in case of zero-rated supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit where a refund of tax paid is available in respect of such supplies themselves, or as the case may be, the inputs or input services used in such supplies, the due date for furnishing of return under section 39 in respect of such supplies;]1 1. Inserted by Act 36 of 2022 w.e.f.01.10.2022. (c) in the case of services exported out of India where a refund of tax paid is available in respect of services themselves or, as the case may be, the inputs or input services used in such services, the date of–– (i) receipt of payment in convertible foreign exchange2[or in Indian rupees wherever permitted by the Reserve Bank of India]2, where the supply of services had been completed prior to the receipt of such payment; or (ii) issue of invoice, where payment for the services had been received in advance prior to the date of issue of the invoice; (d) in case where the tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court, the date of communication of such judgment, decree, order or direction; 1[(e) in the case of refund of unutilised input tax credit under clause (ii) of the first proviso to sub-section (3), the due date for furnishing of return under section 39 for the period in which such claim for refund arises;]1. (f) in the case where tax is paid provisionally under this Act or the rules made thereunder, the date of adjustment of tax after the final assessment thereof; (g) in the case of a person, other than the supplier, the date of receipt of goods or services or both by such person; and (h) in any other case, the date of payment of tax. 1. Substituted by Act 03 of 2019 w.e.f.01.02.2019 2. Inserted by Act 03 of 2019 w.e.f 01.02.2019 3. Inserted by Act 23 of 2019 w.e.f. 75 55. Refund in certain cases.- The Government may, on the recommendations of the Council, by notification, specify any specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947 (Central Act 46 of 1947), Consulate or Embassy of foreign countries and any other person or class of persons as may be specified in this behalf, who shall, subject to such conditions and restrictions as may be prescribed, be entitled to claim a refund of taxes paid on the notified supplies of goods or services or both received by them. 56. Interest on delayed refunds.- If any tax ordered to be refunded under sub- section (5) of section 54 to any applicant is not refunded within sixty days from the date of receipt of application under sub-section (1) of that section, interest at such rate not exceeding six per cent. as may be specified in the notification issued by the Government on the recommendations of the Council shall be payable in respect of such refund 1[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]1: Provided that where any claim of refund arises from an order passed by an adjudicating authority or Appellate Authority or Appellate Tribunal or court which has attained finality and the same is not refunded within sixty days from the date of receipt of application filed consequent to such order, interest at such rate not exceeding nine per cent. as may be notified by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application till the date of refund. Explanation.––For the purposes of this section, where any order of refund is made by an Appellate Authority, Appellate Tribunal or any court against an order of the proper officer under sub-section (5) of section 54, the order passed by the Appellate Authority, Appellate Tribunal or by the court shall be deemed to be an order passed under the said sub- section (5). 1. Substituted by Act 32 of 2023 w.e.f…………. 57. Consumer Welfare Fund.- The Government shall constitute a Fund, to be called the Consumer Welfare Fund and there shall be credited to the Fund,–– (a) the amount referred to in sub-section (5) of section 54; (b) any income from investment of the amount credited to the Fund; and (c) such other monies received by it, in such manner as may be prescribed. 58. Utilisation of Fund.- (1) All sums credited to the Fund shall be utilised by the Government for the welfare of the consumers in such manner as may be prescribed. (2) The Government or the authority specified by it shall maintain proper and separate account and other relevant records in relation to the Fund and prepare an annual statement of accounts in such form as may be prescribed in consultation with the Comptroller and Auditor General of India. CHAPTER– XII ASSESSMENT 59. Self-assessment.- Every registered person shall self-assess the taxes payable under this Act and furnish a return for each tax period as specified under section 39. 60. Provisional assessment.- (1) Subject to the provisions of sub-section (2), where the taxable person is unable to determine the value of goods or services or both or 76 determine the rate of tax applicable thereto, he may request the proper officer in writing giving reasons for payment of tax on a provisional basis and the proper officer shall pass an order, within a period not later than ninety days from the date of receipt of such request, allowing payment of tax on provisional basis at such rate or on such value as may be specified by him. (2) The payment of tax on provisional basis may be allowed, if the taxable person executes a bond in such form as may be prescribed, and with such surety or security as the proper officer may deem fit, binding the taxable person for payment of the difference between the amount of tax as may be finally assessed and the amount of tax provisionally assessed. (3) The proper officer shall, within a period not exceeding six months from the date of the communication of the order issued under sub-section (1), pass the final assessment order after taking into account such information as may be required for finalizing the assessment: Provided that the period specified in this sub-section may, on sufficient cause being shown and for reasons to be recorded in writing, be extended by the Joint Commissioner or Additional Commissioner for a further period not exceeding six months and by the Commissioner for such further period not exceeding four years. (4) The registered person shall be liable to pay interest on any tax payable on the supply of goods or services or both under provisional assessment but not paid on the due date specified under sub-section (7) of section 39 or the rules made thereunder, at the rate specified under sub-section (1) of section 50, from the first day after the due date of payment of tax in respect of the said supply of goods or services or both till the date of actual payment, whether such amount is paid before or after the issuance of order for final assessment. (5) Where the registered person is entitled to a refund consequent to the order of final assessment under sub-section (3), subject to the provisions of sub-section (8) of section 54, interest shall be paid on such refund as provided in section 56. 61.

Scrutiny of returns.- (1)The proper officer may scrutinize the return and related particulars furnished by the registered person to verify the correctness of the return and inform him of the discrepancies noticed, if any, in such manner as may be prescribed and seek his explanation thereto. (2) In case the explanation is found acceptable, the registered person shall be informed accordingly and no further action shall be taken in this regard. (3) In case no satisfactory explanation is furnished within a period of thirty days of being informed by the proper officer or such further period as may be permitted by him or where the registered person, after accepting the discrepancies, fails to take the corrective measure in his return for the month in which the discrepancy is accepted, the proper officer may initiate appropriate action including those under section 65 or section 66 or section 67, or proceed to determine the tax and other dues under section 73 or section 74 1[or section 74A]1. 1. Inserted by Act 02 of 2025 w.e.f. ……………………………… 62. Assessment of non-filers of returns.- (1) Notwithstanding anything to the contrary contained in section 73 or section 74 3[or section 74A]3 , where a registered person fails to furnish the return under section 39 or section 45, even after the service of a notice under section 46, the proper officer may proceed to assess the tax liability of the said person to the best of his judgement taking into account all the relevant material which is available or 77 which he has gathered and issue an assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates. (2) Where the registered person furnishes a valid return within 1[sixty days]1 of the service of the assessment order under sub-section (1), the said assessment order shall be deemed to have been withdrawn but the liability for payment of interest under sub-section (1) of section 50 or for payment of late fee under section 47 shall continue. 2[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.]2 1. Substituted by Act 32 of 2023 w.e.f………………. 2. Inserted by Act 32 of 2023 w.e.f……………. 3. Inserted by Act 02 of 2025 w.e.f. ……………………………… 63. Assessment of unregistered persons.- Notwithstanding anything to the contrary contained in section 73 or section 74 1[or section 74A]1, where a taxable person fails to obtain registration even though liable to do so or whose registration has been cancelled under sub- section (2) of section 29 but who was liable to pay tax, the proper officer may proceed to assess the tax liability of such taxable person to the best of his judgement for the relevant tax periods and issue an assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates: Provided that no such assessment order shall be passed without giving the person an opportunity of being heard. . 1. Inserted by Act 02 of 2025 w.e.f. ……………………………… 64. Summary assessment in certain special cases.- (1) The proper officer may, on any evidence showing a tax liability of a person coming to his notice, with the previous permission of Additional Commissioner or Joint Commissioner, proceed to assess the tax liability of such person to protect the interest of revenue and issue an assessment order, if he has sufficient grounds to believe that any delay in doing so may adversely affect the interest of revenue: Provided that where the taxable person to whom the liability pertains is not ascertainable and such liability pertains to supply of goods, the person in charge of such goods shall be deemed to be the taxable person liable to be assessed and liable to pay tax and any other amount due under this section. (2) On an application made by the taxable person within thirty days from the date of receipt of order passed under sub-section (1) or on his own motion, if the Additional Commissioner or Joint Commissioner considers that such order is erroneous, he may withdraw such order and follow the procedure laid down in section 73 or section 74 1[or section 74A]1. 1. Inserted by Act 02 of 2025 w.e.f. ……………………………… CHAPTER XIII AUDIT 65. Audit by tax authorities.- (1) The Commissioner or any officer authorised by him, by way of a general or a specific order, may undertake audit of any registered person for such period, at such frequency and in such manner as may be prescribed. 78 (2) The officers referred to in sub-section (1) may conduct audit at the place of business of the registered person or in their office. (3) The registered person shall be informed by way of a notice not less than fifteen working days prior to the conduct of audit in such manner as may be prescribed. (4) The audit under sub-section (1) shall be completed within a period of three months from the date of commencement of the audit: Provided that where the Commissioner is satisfied that audit in respect of such registered person cannot be completed within three months, he may, for the reasons to be recorded in writing, extend the period by a further period not exceeding six months. Explanation.––For the purposes of this sub-section, the expression ―commencement of audit‖ shall mean the date on which the records and other documents, called for by the tax authorities, are made available by the registered person or the actual institution of audit at the place of business, whichever is later. (5) During the course of audit, the authorised officer may require the registered person,–– (i) to afford him the necessary facility to verify the books of account or other documents as he may require; (ii) to furnish such information as he may require and render assistance for timely completion of the audit. (6) On conclusion of audit, the proper officer shall, within thirty days, inform the registered person, whose records are audited, about the findings, his rights and obligations and the reasons for such findings. (7) Where the audit conducted under sub-section (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74 1[or section 74A]1. 1. Inserted by Act 02 of 2025 w.e.f. ……………………………… 66. Special audit.- (1) If at any stage of scrutiny, inquiry, investigation or any other proceedings before him, any officer not below the rank of Assistant Commissioner, having regard to the nature and complexity of the case and the interest of revenue, is of the opinion that the value has not been correctly declared or the credit availed is not within the normal limits, he may, with the prior approval of the Commissioner, direct such registered person by a communication in writing to get his records including books of account examined and audited by a chartered accountant or a cost accountant as may be nominated by the Commissioner. (2) The chartered accountant or cost accountant so nominated shall, within the period of ninety days, submit a report of such audit duly signed and certified by him to the said Assistant Commissioner mentioning therein such other particulars as may be specified: Provided that the Assistant Commissioner may, on an application made to him in this behalf by the registered person or the chartered accountant or cost accountant or for any material and sufficient reason, extend the said period by a further period of ninety days. (3) The provisions of sub-section (1) shall have effect notwithstanding that the accounts of the registered person have been audited under any other provisions of this Act or any other law for the time being in force. (4) The registered person shall be given an opportunity of being heard in respect of any material gathered on the basis of special audit under sub-section (1) which is proposed to be used in any proceedings against him under this Act or the rules made thereunder. (5) The expenses of the examination and audit of records under sub-section (1), including the remuneration of such chartered accountant or cost accountant, shall be determined and paid by the Commissioner and such determination shall be final. (6) Where the special audit conducted under sub-section (1) results in detection of 79 tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74 1[or section 74A]1. 1. Inserted by Act 02 of 2025 w.e.f. ……………………………… CHAPTER XIV INSPECTION, SEARCH, SEIZURE AND ARREST 67. Power of inspection, search and seizure.- (1) Where the proper officer, not below the rank of Joint Commissioner, has reasons to believe that–– (a) a taxable person has suppressed any transaction relating to supply of goods or services or both or the stock of goods in hand, or has claimed input tax credit in excess of his entitlement under this Act or has indulged in contravention of any of the provisions of this Act or the rules made thereunder to evade tax under this Act; or (b) any person engaged in the business of transporting goods or an owner or operator of a warehouse or a godown or any other place is keeping goods which have escaped payment of tax or has kept his accounts or goods in such a manner as is likely to cause evasion of tax payable under this Act, he may authorise in writing any other officer of State tax to inspect any places of business of the taxable person or the persons engaged in the business of transporting goods or the owner or the operator of warehouse or godown or any other place. (2) Where the proper officer, not below the rank of Joint Commissioner, either pursuant to an inspection carried out under sub-section (1) or otherwise, has reasons to believe that any goods liable to confiscation or any documents or books or things, which in his opinion shall be useful for or relevant to any proceedings under this Act, are secreted in any place, he may authorise in writing any other officer of State tax to search and seize or may himself search and seize such goods, documents or books or things: Provided that where it is not practicable to seize any such goods, the proper officer, or any officer authorised by him, may serve on the owner or the custodian of the goods an order that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer: Provided further that the documents or books or things so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceedings under this Act. (3) The documents, books or things referred to in sub-section (2) or any other documents, books or things produced by a taxable person or any other person, which have not been relied upon for the issue of notice under this Act or the rules made thereunder, shall be returned to such person within a period not exceeding thirty days of the issue of the said notice. (4) The officer authorised under sub-section (2) shall have the power to seal or break open the door of any premises or to break open any almirah, electronic devices, box, receptacle in which any goods, accounts, registers or documents of the person are suspected to be concealed, where access to such premises, almirah, electronic devices, box or receptacle is denied. (5) The person from whose custody any documents are seized under sub-section (2) shall be entitled to make copies thereof or take extracts therefrom in the presence of an authorised officer at such place and time as such officer may indicate in this behalf except where making such copies or taking such extracts may, in the opinion of the proper officer, 80 prejudicially affect the investigation. (6) The goods so seized under sub-section (2) shall be released, on a provisional basis, upon execution of a bond and furnishing of a security, in such manner and of such quantum, respectively, as may be prescribed or on payment of applicable tax, interest and penalty payable, as the case may be. (7) Where any goods are seized under sub-section (2) and no notice in respect thereof is given within six months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized: Provided that the period of six months may, on sufficient cause being shown, be extended by the proper officer for a further period not exceeding six months. (8) The Government may, having regard to the perishable or hazardous nature of any goods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification, specify the goods or class of goods which shall, as soon as may be after its seizure under sub-section (2), be disposed of by the proper officer in such manner as may be prescribed. (9) Where any goods, being goods specified under sub-section (8), have been seized by a proper officer, or any officer authorised by him under sub-section (2), he shall prepare an inventory of such goods in such manner as may be prescribed. (10) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), relating to search and seizure, shall, so far as may be, apply to search and seizure under this section subject to the modification that sub-section (5) of section 165 of the said Code shall have effect as if for the word ―Magistrate‖, wherever it occurs, the word ―Commissioner‖ were substituted. (11) Where the proper officer has reasons to believe that any person has evaded or is attempting to evade the payment of any tax, he may, for reasons to be recorded in writing, seize the accounts, registers or documents of such person produced before him and shall grant a receipt for the same, and shall retain the same for so long as may be necessary in connection with any proceedings under this Act or the rules made thereunder for prosecution. (12) The Commissioner or an officer authorised by him may cause purchase of any goods or services or both by any person authorised by him from the business premises of any taxable person, to check the issue of tax invoices or bills of supply by such taxable person, and on return of goods so purchased by such officer, such taxable person or any person in charge of the business premises shall refund the amount so paid towards the goods after cancelling any tax invoice or bill of supply issued earlier. 68. Inspection of goods in movement.- (1) The Government may require the person in charge of a conveyance carrying any consignment of goods of value exceeding such amount as may be specified to carry with him such documents and such devices as may be prescribed. (2) The details of documents required to be carried under sub-section (1) shall be validated in such manner as may be prescribed. (3) Where any conveyance referred to in sub-section (1) is intercepted by the proper officer at any place, he may require the person in charge of the said conveyance to produce the documents prescribed under the said sub-section and devices for verification, and the said person shall be liable to produce the documents and devices and also allow the inspection of goods. 69. Power to arrest.- (1) Where the Commissioner has reasons to believe that a person has committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of section 132 which is punishable under clause (i) or (ii) of sub- 81 section (1), or sub-section (2) of the said section, he may, by order, authorise any officer of State tax to arrest such person. (2) Where a person is arrested under sub-section (1) for an offence specified under sub-section (5) of section 132, the officer authorised to arrest the person shall inform such person of the grounds of arrest and produce him before a Magistrate within twenty four hours. (3) Subject to the provisions of the Code of Criminal Procedure, 1973 (Central act 2 of 1974), - (a) where a person is arrested under sub-section (1) for any offence specified under sub-section (4) of section 132, he shall be admitted to bail or in default of bail, forwarded to the custody of the Magistrate; (b) in the case of a non-cognizable and bailable offence, the Deputy Commissioner or the Assistant Commissioner shall, for the purpose of releasing an arrested person on bail or otherwise, have the same powers and be subject to the same provisions as an officer-in-charge of a police station. 70. Power to summon persons to give evidence and produce documents.- (1) The proper officer under this Act shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry in the same manner, as provided in the case of a civil court under the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908). 1 [(1A) All persons summoned under sub-section (1), shall be bound to attend, either in person or by an authorised representative, as such officer may direct, and the person so appearing shall state the truth during examination or make statements or produce such documents and other things as may be required.]1 (2) Every such inquiry referred to in sub-section (1) shall be deemed to be a ―judicial proceedings‖ within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act 45 of 1860). 1. Inserted by Act 02 of 2025 w.e.f. ……………………………… 71. Access to business premises.- (1) Any officer under this Act, authorised by the proper officer not below the rank of Joint Commissioner, shall have access to any place of business of a registered person to inspect books of account, documents, computers, computer programs, computer software whether installed in a computer or otherwise and such other things as he may require and which may be available at such place, for the purposes of carrying out any audit, scrutiny, verification and checks as may be necessary to safeguard the interest of revenue. (2) Every person in charge of place referred to in sub-section (1) shall, on demand, make available to the officer authorised under sub-section (1) or the audit party deputed by the proper officer or a cost accountant or chartered accountant nominated under section 66– (i) such records as prepared or maintained by the registered person and declared to the proper officer in such manner as may be prescribed; (ii) trial balance or its equivalent; (iii) statements of annual financial accounts, duly audited, wherever required; (iv) cost audit report, if any, under section 148 of the Companies Act, 2013 (Central Act 18 of 2013); (v) the income-tax audit report, if any, under section 44AB of 82 the Income-tax Act, 1961 (Central Act 43 of 1961); and (vi) any other relevant record, for the scrutiny by the officer or audit party or the chartered accountant or cost accountant within a period not exceeding fifteen working days from the day when such demand is made, or such further period as may be allowed by the said officer or the audit party or the chartered accountant or cost accountant. 72. Officers to assist proper officers.- (1) All officers of Police, Railways, Customs, and those officers engaged in the collection of land revenue, including village officers, officers of central tax and officers of the Union territory tax shall assist the proper officers in the implementation of this Act. (2) The Government may, by notification, empower and require any other class of officers to assist the proper officers in the implementation of this Act when called upon to do so by the Commissioner. CHAPTER XV DEMANDS AND RECOVERY 73. Determination of tax 1[pertaining to the period up to Financial Year 2023- 24]1 not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful misstatement or suppression of facts.- (1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty leviable under the provisions of this Act or the rules made thereunder. (2) The proper officer shall issue the notice under sub-section (1) at least three months prior to the time limit specified in sub-section (10) for issuance of order. (3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax. (4) The service of such statement shall be deemed to be service of notice on such person under sub-section (1), subject to the condition that the grounds relied upon for such tax periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (5) The person chargeable with tax may, before service of notice under sub-section (1) or, as the case may be, the statement under sub-section (3), pay the amount of tax along with interest payable thereon under section 50 on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment. (6) The proper officer, on receipt of such information, shall not serve any notice under sub-section (1) or, as the case may be, the statement under sub-section (3), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder. (7) Where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as 83 provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable. (8) Where any person chargeable with tax under sub-section (1) or sub-section (3) pays the said tax along with interest payable under section 50 within thirty days of issue of show cause notice, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded. (9) The proper officer shall, after considering the representation, if any, made by person chargeable with tax, determine the amount of tax, interest and a penalty equivalent to ten per cent. of tax or ten thousand rupees, whichever is higher, due from such person and issue an order. (10) The proper officer shall issue the order under sub-section (9) within three years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within three years from the date of erroneous refund. (11) Notwithstanding anything contained in sub-section (6) or sub-section (8), penalty under sub-section (9) shall be payable where any amount of self-assessed tax or any amount collected as tax has not been paid within a period of thirty days from the due date of payment of such tax. 1[(12) The provisions of this section shall be applicable for determination of tax pertaining to the period upto Financial Year 2023-24.]1 1. Inserted by Act 02 of 2025 w.e.f. ……………………………… 74. Determination of tax 2[pertaining to the period up to Financial Year 2023- 24]2 not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts.- (1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud, or any wilful misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty equivalent to the tax specified in the notice. (2) The proper officer shall issue the notice under sub-section (1) at least six months prior to the time limit specified in sub-section (10) for issuance of order. (3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax. (4) The service of statement under sub-section (3) shall be deemed to be service of notice under sub-section (1) of section 73, subject to the condition that the grounds relied upon in the said statement, except the ground of fraud, or any wilful-misstatement or suppression of facts to evade tax, for periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (5) The person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 and a penalty equivalent to fifteen per cent. of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment. 84 (6) The proper officer, on receipt of such information, shall not serve any notice under sub-section (1), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder. (7) Where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable. (8) Where any person chargeable with tax under sub-section (1) pays the said tax along with interest payable under section 50 and a penalty equivalent to twenty five per cent. of such tax within thirty days of issue of the notice, all proceedings in respect of the said notice shall be deemed to be concluded. (9) The proper officer shall, after considering the representation, if any, made by the person chargeable with tax, determine the amount of tax, interest and penalty due from such person and issue an order. (10) The proper officer shall issue the order under sub-section (9) within a period of five years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within five years from the date of erroneous refund. (11) Where any person served with an order issued under sub-section (9) pays the tax along with interest payable thereon under section 50 and a penalty equivalent to fifty per cent. of such tax within thirty days of communication of the order, all proceedings in respect of the said notice shall be deemed to be concluded. 2[(12) The provisions of this section shall be applicable for determination of tax pertaining to the period upto Financial Year 2023-24.]2 Explanation 1.– For the purposes of section 73 and this section, — (i) the expression ―all proceedings in respect of the said notice‖ shall not include proceedings under section 132; (ii) where the notice under the same proceedings is issued to the main person liable to pay tax and some other persons, and such proceedings against the main person have been concluded under section 73 or section 74, the proceedings against all the persons liable to pay penalty under 1[sections 122 and 125]1are deemed to be concluded. 3[XXX]3 1. Substituted by Act 39 of 2021 w.e.f. 01.01.2022. 2. Inserted by Act 02 of 2025 w.e.f. ……………………………… 3. Omitted by Act 02 of 2025 w.e.f. ……………………………… 1[74A.Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason pertaining to Financial Year 2024-25 onwards.- (1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty leviable under the provisions of this Act or the rules made thereunder: Provided that, no notice shall be issued, if the tax which has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised in a financial year is less than one thousand rupees. 85 (2) The proper officer shall issue the notice under sub section (1), within forty-two months from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within forty- two months from the date of erroneous refund. (3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub section (1), on the person chargeable with tax. (4) The service of such statement shall be deemed to be service of notice on such person under sub-section (1), subject to the condition that the grounds relied upon for such tax periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (5) The penalty in case where any tax which has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised,– (i) for any reason, other than the reason of fraud or any wilful-misstatement or suppression of facts to evade tax, shall be equivalent to ten percent of tax due from such person or ten thousand rupees, whichever is higher; (ii) for the reason of fraud or any wilful-misstatement or suppression of facts to evade tax shall be equivalent to the tax due from such person. (6) The proper officer shall, after considering the representation, if any, made by the person chargeable with tax, determine the amount of tax, interest and penalty due from such person and issue an order. (7) The proper officer shall issue the order under sub section (6) within twelve months from the date of issuance of notice specified in sub-section (2): Provided that, where the proper officer is not able to issue the order within the specified period, the Commissioner, or an officer authorised by the Commissioner senior in rank to the proper officer but not below the rank of Joint Commissioner of State Tax, may, having regard to the reasons for delay in issuance of the order under sub-section (6), to be recorded in writing, before the expiry of the specified period, extend the said period further by a maximum of six months. (8) The person chargeable with tax where any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, may, - (i) before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment, and the proper officer, on receipt of such information shall not serve any notice under sub-section (1) or the statement under sub-section (3), as the case may be, in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder; (ii) pay the said tax along with interest payable under section 50 within sixty days of issue of show cause notice, and on doing so, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded. (9) The person chargeable with tax, where any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud, or any willful-misstatement or suppression of facts to evade tax, may,- (i) Before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 and a penalty equivalent to fifteen percent of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment, and the proper officer, on receipt of such information, shall not serve any notice under sub-section (1), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder; (ii) pay the said tax along with interest payable under section 50 and a penalty equivalent to twenty-five percent of such tax within sixty days of issue of the notice, and on 86 doing so, all proceedings in respect of the said notice shall be deemed to be concluded; (iii) pay the tax along with interest payable thereon under section 50 and a penalty equivalent to fifty percent of such tax within sixty days of communication of the order, and on doing so, all proceedings in respect of the said notice shall be deemed to be concluded. (10) Where the proper officer is of the opinion that the amount paid under clause (i) of sub-section (8) or clause (i) of sub-section (9) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub section (1), in respect of such amount which falls short of the amount actually payable. (11) Notwithstanding anything contained in clause (i) or clause (ii) of sub-section (8), penalty under clause (i) of sub-section (5), shall be payable where any amount of self assessed tax or any amount collected as tax has not been paid within a period of thirty days from the due date of payment of such tax. (12) The provisions of this section shall be applicable for determination of tax pertaining to the Financial Year 2024-25 onwards. Explanation 1.–– For the purposes of this section,–– (i) the expression ―all proceedings in respect of the said notice‖, shall not include proceedings under section 132; (ii) where the notice under the same proceedings is issued to the main person liable to pay tax and some other persons, and such proceedings against the main person have been concluded under this section, the proceedings against all the persons liable to pay penalty under sections 122 and 125 are deemed to be concluded. Explanation 2.– For the purposes of this Act, the expression ―suppression‖ shall mean non-declaration of facts or information which a taxable person is required to declare in the return, statement, report or any other document furnished under this Act or the rules made thereunder, or failure to furnish any information on being asked for, in writing, by the proper officer.]1 1. Inserted by Act 02 of 2025 w.e.f. ……………………………… 75. General provisions relating to determination of tax.- (1) Where the service of notice or issuance of order is stayed by an order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74 2[or sub-sections (2) and (7) of section 74A]2, as the case may be. (2) Where any Appellate Authority or Appellate Tribunal or court concludes that the notice issued under sub-section (1) of section 74 is not sustainable for the reason that the charges of fraud or any wilful misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the proper officer shall determine the tax payable by such person, deeming as if the notice were issued under sub- section (1) of section 73. 2[(2A) Where any Appellate Authority or Appellate Tribunal or court concludes that the penalty under clause (ii) of sub-section (5) of section 74A is not sustainable for the reason that the charges of fraud or any wilful misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the penalty shall be payable by such person, under clause (i) of sub-section (5) of section 74A.]2 (3) Where any order is required to be issued in pursuance of the direction of the Appellate Authority or Appellate Tribunal or a court, such order shall be issued within two years from the date of communication of the said direction. (4) An opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person. (5) The proper officer shall, if sufficient cause is shown by the person chargeable with 87 tax, grant time to the said person and adjourn the hearing for reasons to be recorded in writing: Provided that no such adjournment shall be granted for more than three times to a person during the proceedings. (6) The proper officer, in his order, shall set out the relevant facts and the basis of his decision. (7) The amount of tax, interest and penalty demanded in the order shall not be in excess of the amount specified in the notice and no demand shall be confirmed on the grounds other than the grounds specified in the notice. (8) Where the Appellate Authority or Appellate Tribunal or court modifies the amount of tax determined by the proper officer, the amount of interest and penalty shall stand modified accordingly, taking into account the amount of tax so modified. (9) The interest on the tax short paid or not paid shall be payable whether or not specified in the order determining the tax liability. 3[(10) The adjudication proceedings shall be deemed to be concluded, if the order is not issued within the period specified in sub-section (10) of section 73 or in sub-section (10) of section 74 or in sub-section (7) of section 74A.]3 (11) An issue on which the Appellate Authority or the Appellate Tribunal or the High Court has given its decision which is prejudicial to the interest of revenue in some other proceedings and an appeal to the Appellate Tribunal or the High Court or the Supreme Court against such decision of the Appellate Authority or the Appellate Tribunal or the High Court is pending, the period spent between the date of the decision of the Appellate Authority and that of the Appellate Tribunal or the date of decision of the Appellate Tribunal and that of the High Court or the date of the decision of the High Court and that of the Supreme Court shall be excluded in computing the period referred to in sub-section (10) of section 73 or sub- section (10) of section 74 2[or sub-section (7) of section 74A]2 where proceedings are initiated by way of issue of a show cause notice under the said sections. (12) Notwithstanding anything contained in section 73 or section 74 2[or section 74A]2, where any amount of self-assessed tax in accordance with a return furnished under section 39 remains unpaid, either wholly or partly, or any amount of interest payable on such tax remains unpaid, the same shall be recovered under the provisions of section 79. 1[Explanation.- For the purposes of this sub-section, the expression ―self-assessed tax‖ shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39.]1 (13) Where any penalty is imposed under section 73 or section 74 2[or section 74A]2, no penalty for the same act or omission shall be imposed on the same person under any other provision of this Act. 1. Inserted by Act 39 of 2021 w.e.f. …………. 2. Inserted by Act 02 of 2025 w.e.f. ……………………………… 3. Substituted by Act 02 of 2025 w.e.f. ……………………………… 76. Tax collected but not paid to Government.- (1) Notwithstanding anything to the contrary contained in any order or direction of any Appellate Authority or Appellate Tribunal or court or in any other provisions of this Act or the rules made thereunder or any other law for the time being in force, every person who has collected from any other person any amount as representing the tax under this Act, and has not paid the said amount to the Government, shall forthwith pay the said amount to the Government, irrespective of whether the supplies in respect of which such amount was collected are taxable or not. (2) Where any amount is required to be paid to the Government under sub-section (1), and which has not been so paid, the proper officer may serve on the person liable to pay such amount a notice requiring him to show cause as to why the said amount as specified in 88 the notice, should not be paid by him to the Government and why a penalty equivalent to the amount specified in the notice should not be imposed on him under the provisions of this Act. (3) The proper officer shall, after considering the representation, if any, made by the person on whom the notice is served under sub-section (2), determine the amount due from such person and thereupon such person shall pay the amount so determined. (4) The person referred to in sub-section (1) shall in addition to paying the amount referred to in sub-section (1) or sub-section (3) also be liable to pay interest thereon at the rate specified under section 50 from the date such amount was collected by him to the date such amount is paid by him to the Government. (5) An opportunity of hearing shall be granted where a request is received in writing from the person to whom the notice was issued to show cause. (6) The proper officer shall issue an order within one year from the date of issue of the notice. (7) Where the issuance of order is stayed by an order of the court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of one year. (8) The proper officer, in his order, shall set out the relevant facts and the basis of his decision. (9) The amount paid to the Government under sub-section (1) or sub-section (3) shall be adjusted against the tax payable, if any, by the person in relation to the supplies referred to in sub-section (1). (10) Where any surplus is left after the adjustment under sub-section (9), the amount of such surplus shall either be credited to the Fund or refunded to the person who has borne the incidence of such amount. (11) The person who has borne the incidence of the amount, may apply for the refund of the same in accordance with the provisions of section 54. 77. Tax wrongfully collected and paid to Central Government or State Government.- (1) A registered person who has paid the central tax and State tax on a transaction considered by him to be an intra-State supply, but which is subsequently held to be an inter-State supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed. (2) A registered person who has paid integrated tax on a transaction considered by him to be an inter-State supply, but which is subsequently held to be an intra-State supply, shall not be required to pay any interest on the amount of State tax payable. 78. Initiation of recovery proceedings.- Any amount payable by a taxable person in pursuance of an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery proceedings shall be initiated: Provided that where the proper officer considers it expedient in the interest of revenue, he may, for reasons to be recorded in writing, require the said taxable person to make such payment within such period less than a period of three months as may be specified by him. 79. Recovery of tax.- (1) Where any amount payable by a person to the Government under any of the provisions of this Act or the rules made thereunder is not paid, the proper officer shall proceed to recover the amount by one or more of the following modes, namely:–– (a) the proper officer may deduct or may require any other specified officer to deduct the amount so payable from any money owing to such person which may be under the control of the proper officer or such other 89 specified officer; (b) the proper officer may recover or may require any other specified officer to recover the amount so payable by detaining and selling any goods belonging to such person which are under the control of the proper officer or such other specified officer; (c) (i) the proper officer may, by a notice in writing, require any other person from whom money is due or may become due to such person or who holds or may subsequently hold money for or on account of such person, to pay to the Government either forthwith upon the money becoming due or being held, or within the time specified in the notice not being before the money becomes due or is held, so much of the money as is sufficient to pay the amount due from such person or the whole of the money when it is equal to or less than that amount; (ii) every person to whom the notice is issued under sub-clause (i) shall be bound to comply with such notice, and in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary; (iii) in case the person to whom a notice under sub-clause (i) has been issued, fails to make the payment in pursuance thereof to the Government, he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this Act or the rules made thereunder shall follow; (iv) the officer issuing a notice under sub-clause (i) may, at any time, amend or revoke such notice or extend the time for making any payment in pursuance of the notice;

(v) any person making any payment in compliance with a notice issued under sub-clause (i) shall be deemed to have made the payment under the authority of the person in default and such payment being credited to the Government shall be deemed to constitute a good and sufficient discharge of the liability of such person to the person in default to the extent of the amount specified in the receipt; (vi) any person discharging any liability to the person in default after service on him of the notice issued under sub-clause (i) shall be personally liable to the Government to the extent of the liability discharged or to the extent of the liability of the person in default for tax, interest and penalty, whichever is less; (vii) where a person on whom a notice is served under sub-clause (i) proves to the satisfaction of the officer issuing the notice that the money demanded or any part thereof was not due to the person in default or that he did not hold any money for or on account of the person in default, at the time the notice was served on him, nor is the money demanded or any part thereof, likely to become due to the said person or be held for or on account of such person, nothing contained in this section shall be deemed to require the person on whom the notice has been served to pay to the Government any such money or part thereof; (d) the proper officer may, in accordance with the rules to be made in this behalf, 90 distrain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid; and in case, any part of the said amount payable or of the cost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and the costs including cost of sale remaining unpaid and shall render the surplus amount, if any, to such person; (e) the proper officer may prepare a certificate signed by him specifying the amount due from such person and send it to the Collector of the district in which such person owns any property or resides or carries on his business or to any officer authorised by the Government and the said Collector or the said officer, on receipt of such certificate, shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue; (f) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the proper officer may file an application to the appropriate Magistrate and such Magistrate shall proceed to recover from such person the amount specified thereunder as if it were a fine imposed by him. (2) Where the terms of any bond or other instrument executed under this Act or any rules or regulations made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in sub-section (1), the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that sub-section. (3) Where any amount of tax, interest or penalty is payable by a person to the Government under any of the provisions of this Act or the rules made thereunder and which remains unpaid, the proper officer of central tax, during the course of recovery of said tax arrears, may recover the amount from the said person as if it were an arrear of central tax and credit the amount so recovered to the account of the Government. (4) Where the amount recovered under sub-section (3) is less than the amount due to the Central Government and State Government, the amount to be credited to the account of the respective Governments shall be in proportion to the amount due to each such Government. 1[Explanation.– For the purposes of this section, the word person shall include ―distinct persons‖ as referred to in sub-section (4) or, as the case may be, sub-section (5) of section 25.]1 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019 . . 80. Payment of tax and other amount in instalments.- On an application filed by a taxable person, the Commissioner may, for reasons to be recorded in writing, extend the time for payment or allow payment of any amount due under this Act, other than the amount due as per the liability self-assessed in any return, by such person in monthly instalments not exceeding twenty four, subject to payment of interest under section 50 and subject to such conditions and limitations as may be prescribed: Provided that where there is default in payment of any one instalment on its due date, the whole outstanding balance payable on such date shall become due and payable forthwith and shall, without any further notice being served on the person, be liable for recovery. 81. Transfer of property to be void in certain cases.- Where a person, after any amount has become due from him, creates a charge on or parts with the property belonging 91 to him or in his possession by way of sale, mortgage, exchange, or any other mode of transfer whatsoever of any of his properties in favour of any other person with the intention of defrauding the Government revenue, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the said person: Provided that, such charge or transfer shall not be void if it is made for adequate consideration, in good faith and without notice of the pendency of such proceedings under this Act or without notice of such tax or other sum payable by the said person, or with the previous permission of the proper officer. 82. Tax to be first charge on property.- Notwithstanding anything to the contrary contained in any law for the time being in force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (Central Act 31 of 2016), any amount payable by a taxable person or any other person on account of tax, interest or penalty which he is liable to pay to the Government shall be a first charge on the property of such taxable person or such person. 83. Provisional attachment to protect revenue in certain cases.- 1[(1) Where, after the initiation of any proceeding under Chapter XIV or Chapter XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (IA) of section 122, in such manner as may be prescribed.]1 (2) Every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section (1). 1. Substituted by act 39 of 2021 w.e.f. ……….. 84. Continuation and validation of certain recovery proceedings.- Where any notice of demand in respect of any tax, penalty, interest or any other amount payable under this Act, (hereafter in this section referred to as ―Government dues‖), is served upon any taxable person or any other person and any appeal or revision application is filed or any other proceedings is initiated in respect of such Government dues, then–– (a) where such Government dues are enhanced in such appeal, revision or other proceedings, the Commissioner shall serve upon the taxable person or any other person another notice of demand in respect of the amount by which such Government dues are enhanced and any recovery proceedings in relation to such Government dues as are covered by the notice of demand served upon him before the disposal of such appeal, revision or other proceedings may, without the service of any fresh notice of demand, be continued from the stage at which such proceedings stood immediately before such disposal; (b) where such Government dues are reduced in such appeal, revision or in other proceedings–– (i) it shall not be necessary for the Commissioner to serve upon the taxable person a fresh notice of demand; (ii) the Commissioner shall give intimation of such reduction to him and to the appropriate authority with whom recovery proceedings is pending; (iii) any recovery proceedings initiated on the basis of the demand served upon him prior to the disposal of such appeal, revision or other proceedings may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal. CHAPTER XVI LIABILITY TO PAY IN CERTAIN CASES 85. Liability in case of transfer of business.- (1) Where a taxable person, liable to 92 pay tax under this Act, transfers his business in whole or in part, by sale, gift, lease, leave and license, hire or in any other manner whatsoever, the taxable person and the person to whom the business is so transferred shall, jointly and severally, be liable wholly or to the extent of such transfer, to pay the tax, interest or any penalty due from the taxable person upto the time of such transfer, whether such tax, interest or penalty has been determined before such transfer, but has remained unpaid or is determined thereafter. (2) Where the transferee of a business referred to in sub-section (1) carries on such business either in his own name or in some other name, he shall be liable to pay tax on the supply of goods or services or both effected by him with effect from the date of such transfer and shall, if he is a registered person under this Act, apply within the prescribed time for amendment of his certificate of registration. 86. Liability of agent and principal.- Where an agent supplies or receives any taxable goods on behalf of his principal, such agent and his principal shall, jointly and severally, be liable to pay the tax payable on such goods under this Act. 87. Liability in case of amalgamation or merger of companies.- (1) When two or more companies are amalgamated or merged in pursuance of an order of court or of Tribunal or otherwise and the order is to take effect from a date earlier to the date of the order and any two or more of such companies have supplied or received any goods or services or both to or from each other during the period commencing on the date from which the order takes effect till the date of the order, then such transactions of supply and receipt shall be included in the turnover of supply or receipt of the respective companies and they shall be liable to pay tax accordingly. (2) Notwithstanding anything contained in the said order, for the purposes of this Act, the said two or more companies shall be treated as distinct companies for the period up to the date of the said order and the registration certificates of the said companies shall be cancelled with effect from the date of the said order. 88. Liability in case of company in liquidation.- (1) When any company is being wound up whether under the orders of a court or Tribunal or otherwise, every person appointed as receiver of any assets of a company (hereafter in this section referred to as the ―liquidator‖), shall, within thirty days after his appointment, give intimation of his appointment to the Commissioner. (2) The Commissioner shall, after making such inquiry or calling for such information as he may deem fit, notify the liquidator within three months from the date on which he receives intimation of the appointment of the liquidator, the amount which in the opinion of the Commissioner would be sufficient to provide for any tax, interest or penalty which is then, or is likely thereafter to become, payable by the company. (3) When any private company is wound up and any tax, interest or penalty determined under this Act on the company for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was a director of such company at any time during the period for which the tax was due shall, jointly and severally, be liable for the payment of such tax, interest or penalty, unless he proves to the satisfaction of the Commissioner that such non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. 89. Liability of directors of private company.- (1) Notwithstanding anything contained in the Companies Act, 2013 (Central Act 18 of 2013), where any tax, interest or penalty due from a private company in respect of any supply of goods or services or both for any period cannot be recovered, then, every person who was a director of the private company during such period shall, jointly and severally, be liable for the payment of such tax, interest or penalty unless he proves that the non-recovery cannot be attributed to any 93 gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. (2) Where a private company is converted into a public company and the tax, interest or penalty in respect of any supply of goods or services or both for any period during which such company was a private company cannot be recovered before such conversion, then, nothing contained in sub-section (1) shall apply to any person who was a director of such private company in relation to any tax, interest or penalty in respect of such supply of goods or services or both of such private company: Provided that nothing contained in this sub-section shall apply to any personal penalty imposed on such director. 90. Liability of partners of firm to pay tax.- Notwithstanding any contract to the contrary and any other law for the time being in force, where any firm is liable to pay any tax, interest or penalty under this Act, the firm and each of the partners of the firm shall, jointly and severally, be liable for such payment: Provided that where any partner retires from the firm, he or the firm, shall intimate the date of retirement of the said partner to the Commissioner by a notice in that behalf in writing and such partner shall be liable to pay tax, interest or penalty due upto the date of his retirement whether determined or not, on that date: Provided further that if no such intimation is given within one month from the date of retirement, the liability of such partner under the first proviso shall continue until the date on which such intimation is received by the Commissioner. 91. Liability of guardians, trustees etc.- Where the business in respect of which any tax, interest or penalty is payable under this Act is carried on by any guardian, trustee or agent of a minor or other incapacitated person on behalf of and for the benefit of such minor or other incapacitated person, the tax, interest or penalty shall be levied upon and recoverable from such guardian, trustee or agent in like manner and to the same extent as it would be determined and recoverable from any such minor or other incapacitated person, as if he were a major or capacitated person and as if he were conducting the business himself, and all the provisions of this Act or the rules made thereunder shall apply accordingly. 92. Liability of Court of Wards, etc.- Where the estate or any portion of the estate of a taxable person owning a business in respect of which any tax, interest or penalty is payable under this Act is under the control of the Court of Wards, the Administrator General, the Official Trustee or any receiver or manager (including any person, whatever be his designation, who in fact manages the business) appointed by or under any order of a court, the tax, interest or penalty shall be levied upon and be recoverable from such Court of Wards, Administrator General, Official Trustee, receiver or manager in like manner and to the same extent as it would be determined and be recoverable from the taxable person as if he were conducting the business himself, and all the provisions of this Act or the rules made thereunder shall apply accordingly. 93. Special provisions regarding liability to pay tax, interest or penalty in certain cases.- (1) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (Central Act 31 of 2016), where a person, liable to pay tax, interest or penalty under this Act, dies, then–– (a) if a business carried on by the person is continued after his death by his legal representative or any other person, such legal representative or other person, shall be liable to pay tax, interest or penalty due from such person under this Act; and (b) if the business carried on by the person is discontinued, whether before or after his death, his legal representative shall be liable to pay, out of the estate 94 of the deceased, to the extent to which the estate is capable of meeting the charge, the tax, interest or penalty due from such person under this Act, whether such tax, interest or penalty has been determined before his death but has remained unpaid or is determined after his death. (2) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (Central Act 31 of 2016), where a taxable person, liable to pay tax, interest or penalty under this Act, is a Hindu Undivided Family or an association of persons and the property of the Hindu Undivided Family or the association of persons is partitioned amongst the various members or groups of members, then, each member or group of members shall, jointly and severally, be liable to pay the tax, interest or penalty due from the taxable person under this Act upto the time of the partition whether such tax, penalty or interest has been determined before partition but has remained unpaid or is determined after the partition. (3) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (Central Act 31 of 2016), where a taxable person, liable to pay tax, interest or penalty under this Act, is a firm, and the firm is dissolved, then, every person who was a partner shall, jointly and severally, be liable to pay the tax, interest or penalty due from the firm under this Act upto the time of dissolution whether such tax, interest or penalty has been determined before the dissolution, but has remained unpaid or is determined after dissolution. (4) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (Central Act 31 of 2016) , where a taxable person liable to pay tax, interest or penalty under this Act,–– (a) is the guardian of a ward on whose behalf the business is carried on by the guardian; or (b) is a trustee who carries on the business under a trust for a beneficiary, then, if the guardianship or trust is terminated, the ward or the beneficiary shall be liable to pay the tax, interest or penalty due from the taxable person upto the time of the termination of the guardianship or trust, whether such tax, interest or penalty has been determined before the termination of guardianship or trust but has remained unpaid or is determined thereafter. 94. Liability in other cases.- (1) Where a taxable person is a firm or an association of persons or a Hindu Undivided Family and such firm, association or family has discontinued business–– (a) the tax, interest or penalty payable under this Act by such firm, association or family upto the date of such discontinuance may be determined as if no such discontinuance had taken place; and (b) every person who, at the time of such discontinuance, was a partner of such firm, or a member of such association or family, shall, notwithstanding such discontinuance, jointly and severally, be liable for the payment of tax and interest determined and penalty imposed and payable by such firm, association or family, whether such tax and interest has been determined or penalty imposed prior to or after such discontinuance and subject as aforesaid, the provisions of this Act shall, so far as may be, apply as if every such person or partner or member were himself a taxable person. (2) Where a change has occurred in the constitution of a firm or an association of persons, the partners of the firm or members of association, as it existed before and as it exists after the reconstitution, shall, without prejudice to the provisions of section 90, jointly and severally, be liable to pay tax, interest or penalty due from such firm or association for any period before its reconstitution. (3) The provisions of sub-section (1) shall, so far as may be, apply where the taxable 95 person, being a firm or association of persons is dissolved or where the taxable person, being a Hindu Undivided Family, has effected partition with respect to the business carried on by it and accordingly references in that sub-section to discontinuance shall be construed as reference to dissolution or to partition. Explanation.––For the purposes of this Chapter,–– (i) a ―Limited Liability Partnership‖ formed and registered under the provisions of the Limited Liability Partnership Act, 2008 (Central Act 6 of 2009) shall also be considered as a firm; (ii) ―court‖ means the District Court, High Court or Supreme Court. CHAPTER XVII ADVANCE RULING 95. Definitions.- In this Chapter, unless the context otherwise requires,–– (a) ―advance ruling‖ means a decision provided by the Authority or the Appellate Authority 1[or the National Appellate Authority]1to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100, 1[or of section 101C]1in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant; (b) "Appellate Authority" means the Appellate Authority for Advance Ruling constituted under section 99; (c) ―applicant‖ means any person registered or desirous of obtaining registration under this Act; (d) ―application‖ means an application made to the Authority under sub- section (1) of section 97; (e) ―Authority‖ means the Authority for Advance Ruling, constituted under section 96. 1[(f) ―National Appellate Authority‖ means the National Appellate Authority for Advance Ruling referred to in section 101A.]1. 1. Inserted by Act 23 of 2019 w.e.f. 96. Constitution of Authority for Advance Ruling.- (1) The Government shall, by notification, constitute an Authority to be known as the Karnataka Authority for Advance Ruling: Provided that the Government may, on the recommendation of the Council, notify any Authority located in another State to act as the Authority for the State. (2) The Authority shall consist of- (i) one member from amongst the officers of central tax; and (ii) one member from amongst the officers of State tax, to be appointed by the Central Government and the State Government respectively. (3) The qualifications, the method of appointment of the members and the terms and conditions of their services shall be such as may be prescribed. 97. Application for advance ruling.- (1) An applicant desirous of obtaining an advance ruling under this Chapter may make an application in such form and manner and accompanied by such fee as may be prescribed, stating the question on which the advance ruling is sought. (2) The question on which the advance ruling is sought under this Act, shall be in respect of, - (a) classification of any goods or services or both; (b) applicability of a notification issued under the provisions of this Act; 96 (c) determination of time and value of supply of goods or services or both; (d) admissibility of input tax credit of tax paid or deemed to have been paid; (e) determination of the liability to pay tax on any goods or services or both; (f) whether applicant is required to be registered; (g) whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the meaning of that term. 98. Procedure on receipt of application.- (1) On receipt of an application, the Authority shall cause a copy thereof to be forwarded to the concerned officer and, if necessary, call upon him to furnish the relevant records: Provided that where any records have been called for by the Authority in any case, such records shall, as soon as possible, be returned to the said concerned officer. (2) The Authority may, after examining the application and the records called for and after hearing the applicant or his authorised representative and the concerned officer or his authorised representative, by order, either admit or reject the application: Provided that the Authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act: Provided further that no application shall be rejected under this sub-section unless an opportunity of hearing has been given to the applicant: Provided also that where the application is rejected, the reasons for such rejection shall be specified in the order. (3) A copy of every order made under sub-section (2) shall be sent to the applicant and to the concerned officer. (4) Where an application is admitted under sub-section (2), the Authority shall, after examining such further material as may be placed before it by the applicant or obtained by the Authority and after providing an opportunity of being heard to the applicant or his authorised representative as well as to the concerned officer or his authorised representative, pronounce its advance ruling on the question specified in the application. (5) Where the members of the Authority differ on any question on which the advance ruling is sought, they shall state the point or points on which they differ and make a reference to the Appellate Authority for hearing and decision on such question. (6) The Authority shall pronounce its advance ruling in writing within ninety days from the date of receipt of application. (7) A copy of the advance ruling pronounced by the Authority duly signed by the members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer and the jurisdictional officer after such pronouncement. 99. Constitution of Appellate Authority for Advance Ruling.- The Government shall, by notification, constitute an Authority to be known as Karnataka Appellate Authority for Advance Ruling for Goods and Services Tax for hearing appeals against the advance ruling pronounced by the Advance Ruling Authority consisting of - (i) the Chief Commissioner of central tax as designated by the Board; and (ii) the Commissioner of State tax. Provided that the Government may, on the recommendations of the Council, notify any Appellate Authority located in another State or Union territory to act as the Appellate Authority for the State. 100. Appeal to the Appellate Authority.- (1) The concerned officer, the jurisdictional officer or an applicant aggrieved by any advance ruling pronounced under sub - 97 section (4) of section 98, may appeal to the Appellate Authority. (2) Every appeal under this section shall be filed within a period of thirty days from the date on which the ruling sought to be appealed against is communicated to the concerned officer, the jurisdictional officer and the applicant: Provided that the Appellate Authority may, if it is satisfied that the appellant was prevented by a sufficient cause from presenting the appeal within the said period of thirty days, allow it to be presented within a further period not exceeding thirty days. (3) Every appeal under this section shall be in such form, accompanied by such fee and verified in such manner as may be prescribed. 101. Orders of Appellate Authority.- (1) The Appellate Authority may, after giving the parties to the appeal or reference an opportunity of being heard, pass such order as it thinks fit, confirming or modifying the ruling appealed against or referred to. (2) The order referred to in sub-section (1) shall be passed within a period of ninety days from the date of filing of the appeal under section 100 or a reference under sub-section (5) of section 98. (3) Where the members of the Appellate Authority differ on any point or points referred to in appeal or reference, it shall be deemed that no advance ruling can be issued in respect of the question under the appeal or reference. (4) A copy of the advance ruling pronounced by the Appellate Authority duly signed by the Members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer, the jurisdictional officer and to the Authority after such pronouncement. 1[101A. Constitution of National Appellate Authority for Advance Ruling.- Subject to the provisions of this Chapter, for the purposes of this Act, the National Appellate Authority for Advance Ruling constituted under section 101A of the Central Goods and Services Tax Act shall be deemed to be the National Appellate Authority for Advance Ruling under this Act. 101B. Appeal to National Appellate Authority.- (1) Where, in respect of the questions referred to in sub-section (2) of section 97, conflicting advance rulings are given by the Appellate Authorities of two or more States or Union territories or both under sub -section (1) or sub-section (3) of section 101, any officer authorised by the Commissioner or an applicant, being distinct person referred to in section 25 aggrieved by such advance ruling, may prefer an appeal to National Appellate Authority: Provided that, the officer shall be from the States in which such advance rulings have been given. (2) Every appeal under this section shall be filed within a period of thirty days from the date on which the ruling sought to be appealed against is communicated to the applicants, concerned officers and jurisdictional officers: Provided that, the officer authorised by the Commissioner may file appeal within a period of ninety days from the date on which the ruling sought to be appealed against is communicated to the concerned officer or the jurisdictional officer: Provided further that, the National Appellate Authority may, if it is satisfied that the appellant was prevented by a sufficient cause from presenting the appeal within the said period of thirty days, or as the case may be, ninety days, allow such appeal to be presented within a further period not exceeding thirty days. Explanation.– For removal of doubts, it is clarified that the period of thirty days or as the case may be, ninety days shall be counted from the date of communication of the last of the conflicting rulings sought to be appealed against. (3) Every appeal under this section shall be in such form, accompanied by such fee 98 and verified in such manner as may be prescribed. 101C. Order of National Appellate Authority.- (1) The National Appellate Authority may, after giving an opportunity of being heard to the applicant, the officer authorised by the Commissioner, all Principal Chief Commissioners, Chief Commissioners of Central tax and Chief Commissioner and Commissioner of State tax of all States and Chief Commissioner and Commissioner of Union territory tax of all Union territories, pass such order as it thinks fit, confirming or modifying the rulings appealed against. (2) If the members of the National Appellate Authority differ in opinion on any point, it shall be decided according to the opinion of the majority. (3) The order referred to in sub-section (1) shall be passed as far as possible within a period of ninety days from the date of filing of the appeal under section 101B. (4) A copy of the advance ruling pronounced by the National Appellate Authority shall be duly signed by the Members and certified in such manner as may be prescribed and shall be sent to the applicant, the officer authorised by the Commissioner, the Board, the Chief Commissioner and Commissioner of State tax of all States and Chief Commissioner and Commissioner of Union territory tax of all Union territories and to the Authority or Appellate Authority, as the case may be, after such pronouncement.]1. 1. Inserted by Act 23 of 2019 w.e.f. 102. Rectification of advance ruling.- The Authority or the Appellate Authority1[or the National Appellate Authority]1 may amend any order passed by it under section 98 or section 101, 1[or section 101C, respectively,]1so as to rectify any error apparent on the face of the record, if such error is noticed by the Authority or the Appellate Authority 1[or the National Appellate Authority]1on its own accord, or is brought to its notice by the concerned officer, the jurisdictional officer, or the applicant 2[, the appellant, the Authority or the Appellate Authority]2within a period of six months from the date of the order: Provided that no rectification which has the effect of enhancing the tax liability or reducing the amount of admissible input tax credit shall be made unless the applicant or the appellant has been given an opportunity of being heard. 1. Inserted by Act 23 of 2019 w.e.f. 2. Substituted by Act 23 of 2019 w.e.f. 103. Applicability of advance ruling.- (1) The advance ruling pronounced by the Authority or the Appellate Authority under this Chapter shall be binding only - (a) on the applicant who had sought it in respect of any matter referred to in sub-section (2) of section 97 for advance ruling; (b) on the concerned officer or the jurisdictional officer in respect of the applicant. 1[(1A) The advance ruling pronounced by the National Appellate Authority under this Chapter shall be binding on- (a) the applicants, being distinct persons, who had sought the ruling under sub-section (1) of section 101B and all registered persons having the same Permanent Account Number issued under the Income-tax Act, 1961 (Central Act 43 of 1961); (b) the concerned officers and the jurisdictional officers in respect of the applicants referred to in clause (a) and the registered persons having the same Permanent Account Number issued under the Income-tax Act, 1961 (Central Act 43 of 1961).]1; (2) The advance ruling referred to in sub-section (1) 1[and sub-section (1A)]1shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed. 1. Inserted by Act 23 of 2019 w.e.f. 99 104. Advance ruling to be void in certain circumstances.- (1) Where the Authority or the Appellate Authority 1[or the National Appellate Authority]1 finds that advance ruling pronounced by it under sub-section (4) of section 98 or under sub-section (1) of section 101 1[or under section 101C]1has been obtained by the applicant or the appellant by fraud or suppression of material facts or misrepresentation of facts, it may, by order, declare such ruling to be void ab-initio and thereupon all the provisions of this Act or the rules made thereunder shall apply to the applicant or the appellant as if such advance ruling had never been made: Provided that no order shall be passed under this sub-section unless an opportunity of being heard has been given to the applicant or the appellant. Explanation.––The period beginning with the date of such advance ruling and ending with the date of order under this sub-section shall be excluded while computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74 2[or sub-sections (2) and (7) of section 74A]2 . (2) A copy of the order made under sub-section (1) shall be sent to the applicant, the concerned officer and the jurisdictional officer. 1. Inserted by Act 23 of 2019 w.e.f. 2. Inserted by Act 02 of 2025 w.e.f. ……………………………… 105. 1[Powers of Authority, Appellate Authority and National Appellate Authority]1.- (1) The Authority or the Appellate Authority 2[or the National Appellate Authority]2shall, for the purpose of exercising its powers regarding – (a) discovery and inspection; (b) enforcing the attendance of any person and examining him on oath; (c) issuing commissions and compelling production of books of account and other records, have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908). (2) The Authority or the Appellate Authority 2[or the National Appellate Authority]2shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and every proceeding before the Authority or the Appellate Authority shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code (Central Act 45 of 1860). 1. Substituted by Act 23 of 2019 w.e.f. 2. Inserted by Act 23 of 2019 w.e.f. 106. 1[Procedure of Authority, Appellate Authority and National Appellate Authority]1.- The Authority or the Appellate Authority 2[or the National Appellate Authority]2shall, subject to the provisions of this Chapter, have power to regulate its own procedure. 1. Substituted by Act 23 of 2019 w.e.f. 2. Inserted by Act 23 of 2019 w.e.f. CHAPTER–XVIII APPEALS AND REVISION 107. Appeals to Appellate Authority.- (1) Any person aggrieved by any decision or order passed under this Act or the Central Goods and Services Tax Act by an adjudicating authority may appeal to such Appellate Authority as may be prescribed within three months from the date on which the said decision or order is communicated to such person. (2) The Commissioner may, on his own motion, or upon request from the Commissioner of central tax, call for and examine the record of any proceeding in which an adjudicating authority has passed any decision or order under this Act or the Central Goods 100 and Services Tax Act, for the purpose of satisfying himself as to the legality or propriety of the said decision or order and may, by order, direct any officer subordinate to him to apply to the Appellate Authority within six months from the date of communication of the said decision or order for the determination of such points arising out of the said decision or order as may be specified by the Commissioner in his order. (3) Where, in pursuance of an order under sub-section (2), the authorised officer makes an application to the Appellate Authority, such application shall be dealt with by the Appellate Authority as if it were an appeal made against the decision or order of the adjudicating authority and such authorised officer were an appellant and the provisions of this Act relating to appeals shall apply to such application. (4) The Appellate Authority may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of three months or six months, as the case may be, allow it to be presented within a further period of one month. (5) Every appeal under this section shall be in such form and shall be verified in such manner as may be prescribed. (6) No appeal shall be filed under sub-section (1), unless the appellant has paid – (a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and (b) a sum equal to ten per cent. of the remaining amount of tax in dispute arising from the said order,1[subject to a maximum of 2[twenty]2 crore rupees,]1 in relation to which the appeal has been filed. 1[3[Provided that in case of any order demanding penalty without involving demand of any tax, no appeal shall be filed against such order unless a sum equal to ten per cent. of the said penalty has been paid by the appellant.]3]1 1. Inserted by Act 39 of 2021 w.e.f……….. 2. Substituted by Act 02 of 2025 w.e.f. ……………………………… 3. Substituted by Act 43 of 2025 w.e.f. ………………………………. (7) Where the appellant has paid the amount under sub-section (6), the recovery proceedings for the balance amount shall be deemed to be stayed. (8) The Appellate Authority shall give an opportunity to the appellant of being heard. (9) The Appellate Authority may, if sufficient cause is shown at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. (10) The Appellate Authority may, at the time of hearing of an appeal, allow an appellant to add any ground of appeal not specified in the grounds of appeal, if it is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable. (11) The Appellate Authority shall, after making such further inquiry as may be necessary, pass such order, as it thinks just and proper, confirming, modifying or annulling the decision or order appealed against but shall not refer the case back to the adjudicating authority that passed the said decision or order: Provided that an order enhancing any fee or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund or input tax credit shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order: Provided further that where the Appellate Authority is of the opinion that any tax has not been paid or short-paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised, no order requiring the appellant to pay such tax or input tax credit shall be passed unless the appellant is given notice to show cause against the proposed 101 order and the order is passed within the time limit specified under section 73 or section 74 2[or section 74A]2. (12) The order of the Appellate Authority disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for such decision. (13) The Appellate Authority shall, where it is possible to do so, hear and decide every appeal within a period of one year from the date on which it is filed: Provided that where the issuance of order is stayed by an order of a court or Tribunal, the period of such stay shall be excluded in computing the period of one year. (14) On disposal of the appeal, the Appellate Authority shall communicate the order passed by it to the appellant, respondent and to the adjudicating authority. (15) A copy of the order passed by the Appellate Authority shall also be sent to the Commissioner or the authority designated by him in this behalf and the jurisdictional Commissioner of central tax or an authority designated by him in this behalf. (16) Every order passed under this section shall, subject to the provisions of section 108 or section 113 or section 117 or section 118 be final and binding on the parties. 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019 2. Inserted by Act 02 of 2025 w.e.f. ……………………………… 108. Powers of Revisional Authority.- (1) Subject to the provisions of section 121 and any rules made thereunder, the Revisional Authority may, on his own motion, or upon information received by him or on request from the Commissioner of central tax, call for and examine the record of any proceedings, and if he considers that any decision or order passed under this Act or under the Central Goods and Services Tax Act by any officer subordinate to him is erroneous in so far as it is prejudicial to the interest of revenue and is illegal or improper or has not taken into account certain material facts, whether available at the time of issuance of the said order or not or in consequence of an observation by the Comptroller and Auditor General of India, he may, if necessary, stay the operation of such decision or order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making such further inquiry as may be necessary, pass such order, as he thinks just and proper, including enhancing or modifying or annulling the said decision or order. (2) The Revisional Authority shall not exercise any power under sub-section (1), (a) the order has been subject to an appeal under section 107 or section 112 or section 117 or section 118; or (b) the period specified under sub-section (2) of section 107 has not yet expired or more than three years have expired after the passing of the decision or order sought to be revised; or (c) the order has already been taken for revision under this section at an earlier stage; or (d) the order has been passed in exercise of the powers under sub-section (1): Provided that the Revisional Authority may pass an order under sub-section (1) on any point which has not been raised and decided in an appeal referred to in clause (a) of sub-section (2), before the expiry of a period of one year from the date of the order in such appeal or before the expiry of a period of three years referred to in clause (b) of that sub- section, whichever is later. (3) Every order passed in revision under sub-section (1) shall, subject to the provisions of section 113 or section 117 or section 118, be final and binding on the parties. (4) If the said decision or order involves an issue on which the Appellate Tribunal or 102 the High Court has given its decision in some other proceedings and an appeal to the High Court or the Supreme Court against such decision of the Appellate Tribunal or the High Court is pending, the period spent between the date of the decision of the Appellate Tribunal and the date of the decision of the High Court or the date of the decision of the High Court and the date of the decision of the Supreme Court shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2) where proceedings for revision have been initiated by way of issue of a notice under this section. (5) Where the issuance of an order under sub-section (1) is stayed by the order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2). (6) For the purposes of this section, the term,–– (i) ―record‖ shall include all records relating to any proceedings under this Act available at the time of examination by the Revisional Authority; (ii) ―decision‖ shall include intimation given by any officer lower in rank than the Revisional Authority. 1[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, 2[or for conducting an examination or adjudicating the cases referred to in sub-section (2) of section 171 if so notified under the said section]2 under this Act.]1 1. Substituted by Act 32 of 2023 w.e.f………….. 2. Inserted by Act 02 of 2025 w.e.f. ……………………………… 110. 1[XXX]1 1. Omitted by Act 32 of 2023 w.e.[f………….. 111. Procedure before Appellate Tribunal.- (1) The Appellate Tribunal shall not, while disposing of any proceedings before it or an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this Act and the rules made thereunder, the Appellate Tribunal shall have power to regulate its own procedure. (2) The Appellate Tribunal shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (Central Act 1 of 1872), requisitioning any public record or document or a copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents;

(f) dismissing a representation for default or deciding it ex parte; (g) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and (h) any other matter which may be prescribed. 103 (3) Any order made by the Appellate Tribunal may be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Appellate Tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction,— (a) in the case of an order against a company, the registered office of the company is situated; or (b) in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works for gain. (4) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (Central Act 45 of 1860), and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 112. Appeals to Appellate Tribunal.- (1) Any person aggrieved by an order passed against him under section 107 or section 108 of this Act or the Central Goods and Services Tax Act may appeal to the Appellate Tribunal against such order within 2[three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal.]2 3[;or the date, as may be notified by the Government, on the recommendations of the Council, for filing appeal before the Appellate Tribunal under this Act, whichever is later]3. (2) The Appellate Tribunal may, in its discretion, refuse to admit any such appeal where the tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined by such order, does not exceed fifty thousand rupees. (3) The Commissioner may, on his own motion, or upon request from the Commissioner of central tax, call for and examine the record of any order passed by the Appellate Authority or the Revisional Authority under this Act or under the Central Goods and Services Tax Act for the purpose of satisfying himself as to the legality or propriety of the said order and may, by order, direct any officer subordinate to him to apply to the Appellate Tribunal within 2[six months from the date on which the said order has been passed]2 3[; or the date, as may be notified by the Government, on the recommendations of the Council, for the purpose of filing application before the Appellate Tribunal under this Act, whichever is later,]3 for determination of such points arising out of the said order as may be specified by the Commissioner in his order. (4) Where in pursuance of an order under sub-section (3) the authorised officer makes an application to the Appellate Tribunal, such application shall be dealt with by the Appellate Tribunal as if it were an appeal made against the order under sub-section (11) of section 107 or under sub-section (1) of section 108 and the provisions of this Act shall apply to such application, as they apply in relation to appeals filed under sub-section (1). (5) On receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file, within forty five days of the receipt of notice, a memorandum of cross-objections, verified in the prescribed manner, against any part of the order appealed against and such memorandum shall be disposed of by the Appellate Tribunal, as if it were an appeal presented within the time specified in sub-section (1). (6) The Appellate Tribunal may admit an appeal within three months after the expiry of the period referred to in sub-section (1) 4[or permit the filing of an application within three months after the expiry of the period referred to in sub-section (3)]4, or permit the filing of a 104 memorandum of cross- objections within forty five days after the expiry of the period referred to in sub-section (5), if it is satisfied that there was sufficient cause for not presenting it within that period. (7) An appeal to the Appellate Tribunal shall be in such form, verified in such manner and shall be accompanied by such fee, as may be prescribed. (8) No appeal shall be filed under sub-section (1), unless the appellant has paid –– (a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him, and (b) a sum equal to 5[ten percent]5 of the remaining amount of tax in dispute, in addition to the amount paid under sub-section (6) of the section 107, arising from the said order,1[subject to a maximum of 5[twenty crore rupees,]5 ]1 in relation to which the appeal has been filed. 6[Provided that in case of any order demanding penalty without involving demand of any tax, no appeal shall be filed against such order unless a sum equal to ten percent of the said penalty, in addition to the amount payable under the proviso to sub-section (6) of section 107 has been paid by the appellant.]6 (9) Where the appellant has paid the amount as per sub-section (8), the recovery proceedings for the balance amount shall be deemed to be stayed till the disposal of the appeal. (10) Every application made before the Appellate Tribunal, — (a) in an appeal for rectification of error or for any other purpose; or (b) for restoration of an appeal or an application, shall be accompanied by such fees as may be prescribed. 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019 2. Please see the clarification pertaining to Sub-section (1) and Sub-section (3) of section 112 in the Karnataka Goods and Service Tax (Removal of Difficulties) order 2019 issued vide order No FD 47 CSL 2017 dated 07.12.2019. 3. Deemed to have been Inserted by Act 02 of 2025 w.e.f. 01.08.2024. 4. Inserted by Act 02 of 2025 w.e.f. …………………….. 5. Substituted by Act 02 of 2025 w.e.f. …………………….. 6. Inserted by Act 43 of 2025 w.e.f. ………………………………. 113. Orders of Appellate Tribunal.- (1) The Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against or may refer the case back to the Appellate Authority, or the Revisional Authority or to the original adjudicating authority, with such directions as it may think fit, for a fresh adjudication or decision after taking additional evidence, if necessary. (2) The Appellate Tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. (3) The Appellate Tribunal may amend any order passed by it under sub-section (1) so as to rectify any error apparent on the face of the record, if such error is noticed by it on its own accord, or is brought to its notice by the Commissioner or the Commissioner of central tax or the other party to the appeal within a period of three months from the date of the order: Provided that no amendment which has the effect of enhancing an assessment or reducing a refund or input tax credit or otherwise increasing the liability of the other party, shall be made under this sub-section, unless the party has been given an opportunity of being heard. 105 (4) The Appellate Tribunal shall, as far as possible, hear and decide every appeal within a period of one year from the date on which it is filed. (5) The Appellate Tribunal shall send a copy of every order passed under this section to the Appellate Authority or the Revisional Authority, or the original adjudicating authority, as the case may be, the appellant and the Commissioner or the jurisdictional Commissioner of central tax. (6) Save as provided in section 117 or section 118, orders passed by the Appellate Tribunal on an appeal shall be final and binding on the parties. 114. 1[XXX]1 1. Omitted by Act 32 of 2023 w.e.f………….. 115. Interest on refund of amount paid for admission of appeal.- Where an amount paid by the appellant under sub-section (6) of section 107 or sub-section (8) of section 112 is required to be refunded consequent to any order of the Appellate Authority or of the Appellate Tribunal, interest at the rate specified under section 56 shall be payable in respect of such refund from the date of payment of the amount till the date of refund of such amount. 116. Appearance by authorised representative.- (1) Any person who is entitled or required to appear before an officer appointed under this Act, or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act, may, otherwise than when required under this Act to appear personally for examination on oath or affirmation, subject to the other provisions of this section, appear by an authorised representative. (2) For the purposes of this Act, the expression authorised representative‖ shall mean a person authorised by the person referred to in sub-section (1) to appear on his behalf, being — (a) his relative or regular employee; or (b) an advocate who is entitled to practice in any court in India, and who has not been debarred from practicing before any court in India; or (c) any chartered accountant, a cost accountant or a company secretary, who holds a certificate of practice and who has not been debarred from practice; or (d) a retired officer of the Commercial Tax Department of any State Government or Union territory or of the Board who, during his service under the Government, had worked in a post not below the rank than that of a Group-B Gazetted officer for a period of not less than two years: Provided that such officer shall not be entitled to appear before any proceedings under this Act for a period of one year from the date of his retirement or resignation; or (e) any person who has been authorised to act as a goods and services tax practitioner on behalf of the concerned registered person. (3) No person, — (a) who has been dismissed or removed from Government service; or (b) who is convicted of an offence connected with any proceedings under this Act, the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, or under the existing law or under any of the Acts passed by a State Legislature dealing with the imposition of taxes on sale of goods or supply of goods or services or both; or (c) who is found guilty of misconduct by the prescribed authority; 106 (d) who has been adjudged as an insolvent, shall be qualified to represent any person under sub-section (1)–– (i) for all times in case of persons referred to in clauses (a), (b) and (c); and (ii) for the period during which the insolvency continues in the case of a person referred to in clause (d). (4) Any person who has been disqualified under the provisions of the Central Goods and Services Tax Act or the Goods and Services Tax Act of any other State or the Union Territory Goods and Services Tax Act shall be deemed to be disqualified under this Act. 117. Appeal to High Court.- (1) Any person aggrieved by any order passed by the 1[State Benches]1 of the Appellate Tribunal may file an appeal to the High Court and the High Court may admit such appeal, if it is satisfied that the case involves a substantial question of law. (2) An appeal under sub-section (1) shall be filed within a period of one hundred and eighty days from the date on which the order appealed against is received by the aggrieved person and it shall be in such form, verified in such manner as may be prescribed: Provided that the High Court may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within such period. (3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question and the appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question. (4) The High Court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit. (5) The High Court may determine any issue which– (a) has not been determined by the 1[State Benches]1; or (b) has been wrongly determined by the 1[State Benches]1, by reason of a decision on such question of law as herein referred to in sub- section (3). (6) Where an appeal has been filed before the High Court, it shall be heard by a Bench of not less than two Judges of the High Court, and shall be decided in accordance with the opinion of such Judges or of the majority, if any, of such Judges. (7) Where there is no such majority, the Judges shall state the point of law upon which they differ and the case shall, then, be heard upon that point only, by one or more of the other Judges of the High Court and such point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it. (8) Where the High Court delivers a judgment in an appeal filed before it under this section, effect shall be given to such judgment by either side on the basis of a certified copy of the judgment. (9) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section. 1. Substituted by Act 32 of 2023 w.e.f………….. 118. Appeal to Supreme Court.- (1) An appeal shall lie to the Supreme Court- (a) from any order passed by the 1[Principal Bench]1 of the Appellate Tribunal; 107 or (b) from any judgment or order passed by the High Court in an appeal made under section 117 in any case which, on its own motion or on an application made by or on behalf of the party aggrieved, immediately after passing of the judgment or order, the High Court certifies to be a fit one for appeal to the Supreme Court. (2) The provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), relating to appeals to the Supreme Court shall, so far as may be, apply in the case of appeals under this section as they apply in the case of appeals from decrees of a High Court. (3) Where the judgment of the High Court is varied or reversed in the appeal, effect shall be given to the order of the Supreme Court in the manner provided in section 117 in the case of a judgment of the High Court. 1. Substituted by Act 32 of 2023 w.e.f………….. 119. Sums due to be paid notwithstanding appeal etc.- Notwithstanding that an appeal has been preferred to the High Court or the Supreme Court, sums due to the Government as a result of an order passed by the 1[Principal Bench]1 of the Appellate Tribunal under sub-section (1) of section 113 or an order passed by the 1[State Benches]1 of the Appellate Tribunal under sub-section (1) of section 113 or an order passed by the High Court under section 117, as the case may be, shall be payable in accordance with the order so passed. 1. Substituted by Act 32 of 2023 w.e.f………….. 120. Appeal not to be filed in certain cases.- (1) The Commissioner may, on the recommendations of the Council, from time to time, issue orders or instructions or directions fixing such monetary limits, as he may deem fit, for the purposes of regulating the filing of appeal or application by the officer of the State tax under the provisions of this Chapter. (2) Where, in pursuance of the orders or instructions or directions issued under sub- section (1), the officer of the State tax has not filed an appeal or application against any decision or order passed under the provisions of this Act, it shall not preclude such officer of the State tax from filing appeal or application in any other case involving the same or similar issues or questions of law. (3) Notwithstanding the fact that no appeal or application has been filed by the officer of the State tax pursuant to the orders or instructions or directions issued under sub-section (1), no person, being a party in appeal or application shall contend that the officer of the State tax has acquiesced in the decision on the disputed issue by not filing an appeal or application. (4) The Appellate Tribunal or court hearing such appeal or application shall have regard to the circumstances under which appeal or application was not filed by the officer of the State tax in pursuance of the orders or instructions or directions issued under sub- section (1). 121. Non appealable decisions and orders.- Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie against any decision taken or order passed by an officer of State tax if such decision taken or order passed relates to any one or more of the following matters, namely:– (a) an order of the Commissioner or other authority empowered to direct transfer of proceedings from one officer to another officer; or (b) an order pertaining to the seizure or retention of books of account, register and other documents; or (c) an order sanctioning prosecution under this Act; or 108 (d) an order passed under section 80. CHAPTER XIX OFFENCES AND PENALTIES 122. Penalty for certain offences.- (1) Where a taxable person who–– (i) supplies any goods or services or both without issue of any invoice or issues an incorrect or false invoice with regard to any such supply; (ii) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act or the rules made thereunder; (iii) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (iv) collects any tax in contravention of the provisions of this Act but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (v) fails to deduct the tax in accordance with the provisions of sub-section (1) of section 51, or deducts an amount which is less than the amount required to be deducted under the said sub-section, or where he fails to pay to the Government under sub-section (2) thereof, the amount deducted as tax; (vi) fails to collect tax in accordance with the provisions of sub-section (1) of section 52, or collects an amount which is less than the amount required to be collected under the said sub-section or where he fails to pay to the Government the amount collected as tax under sub-section (3) of section 52; (vii) takes or utilizes input tax credit without actual receipt of goods or services or both either fully or partially, in contravention of the provisions of this Act or the rules made thereunder; (viii) fraudulently obtains refund of tax under this Act; (ix) takes or distributes input tax credit in contravention of section 20, or the rules made thereunder; (x) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information or return with an intention to evade payment of tax due under this Act; (xi) is liable to be registered under this Act but fails to obtain registration; (xii) furnishes any false information with regard to registration particulars, either at the time of 109 applying for registration, or subsequently; (xiii) obstructs or prevents any officer in discharge of his duties under this Act; (xiv) transports any taxable goods without the cover of documents as may be specified in this behalf; (xv) suppresses his turnover leading to evasion of tax under this Act; (xvi) fails to keep, maintain or retain books of account and other documents in accordance with the provisions of this Act or the rules made thereunder; (xvii) fails to furnish information or documents called for by an officer in accordance with the provisions of this Act or the rules made thereunder or furnishes false information or documents during any proceedings under this Act; (xviii) supplies, transports or stores any goods which he has reasons to believe are liable to confiscation under this Act; (xix) issues any invoice or document by using the registration number of another registered person; (xx) tampers with, or destroys any material evidence or documents; (xxi) disposes off or tampers with any goods that have been detained, seized, or attached under this Act, he shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the Government or tax not collected under section 52 or short collected or collected but not paid to the Government or input tax credit availed of or passed on or distributed irregularly, or the refund claimed fraudulently, whichever is higher. 1[(1A) Any person who retains the benefit of a transaction covered under clauses (i), (ii), (vii) or clause (ix) of sub-section (1) and at whose instance such transaction is conducted, shall be liable to a penalty of an amount equivalent to the tax evaded or input tax credit availed of or passed on.]1 2[(1B) 3[Any electronic commerce operator, who is liable to collect tax at source under section 52,-]3 (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.]2 (2) Any registered person who supplies any goods or services or both on which any tax has not been paid or short-paid or erroneously refunded, or where the input tax credit has been wrongly availed or utilized,- (a) for any reason, other than the reason of fraud or any wilful misstatement or 110 suppression of facts to evade tax, shall be liable to a penalty of ten thousand rupees or ten per cent. of the tax due from such person, whichever is higher; (b) for reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty equal to ten thousand rupees or the tax due from such person, whichever is higher. (3) Any person who–– (a) aids or abets any of the offences specified in clauses (i) to (xxi) of sub- section (1); (b) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, or purchasing or in any other manner deals with any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder; (c) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder; (d) fails to appear before the officer of State tax, when issued with a summon for appearance to give evidence or produce a document in an inquiry; (e) fails to issue invoice in accordance with the provisions of this Act or the rules made thereunder or fails to account for an invoice in his books of account, shall be liable to a penalty which may extend to twenty five thousand rupees. 1. Inserted by Act 20 of 2020 w.e.f. 01.01.2021. 2. Inserted by Act 32 of 2023 w.e.f. ………………………. 3. Deemed to have been substituted by Act 02 of 2025 w.e.f. 01.10.2023. 1[122A. Penalty for failure to register certain machines used in manufacture of goods as per special procedure.- (1) Notwithstanding anything contained in this Act, where any person, who is engaged in the manufacture of goods in respect of which any special procedure relating to registration of machines has been notified under section 148, acts in contravention of the said special procedure, he shall, in addition to any penalty that is paid or is payable by him under Chapter XV or any other provisions of this Chapter, be liable to pay a penalty equal to an amount of one lakh rupees for every machine not so registered. (2) In addition to the penalty under sub-section (1), every machine not so registered shall be liable for seizure and confiscation: Provided that, such machine shall not be confiscated where:- (a) the penalty so imposed is paid; and (b) the registration of such machine is made in accordance with the special procedure within three days of the receipt of communication of the order of penalty.]1 1. Inserted by Act 36 of 2024 w.e.f. ………………………….. 1[122-B. Pen alty for failure to comply with track and trace mechanism.- Notwithstanding anything contained in this Act, where any person referred to in clause (b) of sub-section (1) of section 148A acts in contravention of the provisions of the said section, he shall, in addition to any penalty under Chapter XV or the provisions of this Chapter, be liable to pay a penalty equal to an amount of one lakh rupees or ten per cent of the tax payable on such goods, whichever is higher.]1 1. Inserted by Act 43 of 2025 w.e.f. …………………………… 123. Penalty for failure to furnish information return.- If a person who is required to furnish an information return under section 150 fails to do so within the period specified in the notice issued under sub-section (3) thereof, the proper officer may direct, 111 that such person shall be liable to pay a penalty of one hundred rupees for each day of the period during which the failure to furnish such return continues: Provided that the penalty imposed under this section shall not exceed five thousand rupees. 124. Fine for failure to furnish statistics.- If any person required to furnish any information or return under section 151,— (a) without reasonable cause fails to furnish such information or return as may be required under that section, or (b) wilfully furnishes or causes to furnish any information or return which he knows to be false, he shall be punishable with a fine which may extend to ten thousand rupees and in case of a continuing offence to a further fine which may extend to one hundred rupees for each day after the first day during which the offence continues subject to a maximum limit of twenty five thousand rupees. 125. General penalty.- Any person, who contravenes any of the provisions of this Act or any rules made thereunder for which no penalty is separately provided for in this Act, shall be liable to a penalty which may extend to twenty five thousand rupees. 126. General disciplines related to penalty.- (1) No officer under this Act shall impose any penalty for minor breaches of tax regulations or procedural requirements and in particular, any omission or mistake in documentation which is easily rectifiable and made without fraudulent intent or gross negligence. Explanation.––For the purpose of this sub-section,–– (a) a breach shall be considered a ‗minor breach‗ if the amount of tax involved is less than five thousand rupees; (b) an omission or mistake in documentation shall be considered to be easily rectifiable if the same is an error apparent on the face of record. (2) The penalty imposed under this Act shall depend on the facts and circumstances of each case and shall commensurate with the degree and severity of the breach. (3) No penalty shall be imposed on any person without giving him an opportunity of being heard. (4) The officer under this Act shall while imposing penalty in an order for a breach of any law, regulation or procedural requirement, specify the nature of the breach and the applicable law, regulation or procedure under which the amount of penalty for the breach has been specified. (5) When a person voluntarily discloses to an officer under this Act the circumstances of a breach of the tax law, regulation or procedural requirement prior to the discovery of the breach by the officer under this Act, the proper officer may consider this fact as a mitigating factor when quantifying a penalty for that person. (6) The provisions of this section shall not apply in such cases where the penalty specified under this Act is either a fixed sum or expressed as a fixed percentage. 127. Power to impose penalty in certain cases.- Where the proper officer is of the view that a person is liable to a penalty and the same is not covered under any proceedings under section 62 or section 63 or section 64 or section 73 or section 74 1[or section 74A]1 or section 129 or section 130, he may issue an order levying such penalty after giving a reasonable opportunity of being heard to such person. 1. Inserted by Act 02 of 2025 w.e.f. …………………. 128. Power to waive penalty or fee or both. The Government may, by notification, waive in part or full, any penalty referred to in section 122 or section 123 or 112 section 125 or any late fee referred to in section 47 for such class of taxpayers and under such mitigating circumstances as may be specified therein on the recommendations of the Council. 1[128A. Waiver of interest or penalty or both relating to demands raised under section 73, for certain tax periods.- (1) Notwithstanding anything to the contrary contained in this Act, where any amount of tax is payable by a person chargeable with tax in accordance with,- (a) a notice issued under sub-section (1) of section 73 or a statement issued under sub-section (3) of section 73, and where no order under sub-section (9) of section 73 has been issued; or (b) an order passed under sub-section (9) of section 73, and where no order under sub-section (11) of section 107 or sub-section (1) of section 108 has been passed; or (c) an order passed under sub-section (11) of section 107 or sub-section (1) of section 108, and where no order under sub-section (1) of section 113 has been passed, pertaining to the period from 1st July, 2017 to 31st March, 2020, or a part thereof, and the said person pays the full amount of tax payable as per the notice or statement or the order referred to in clause (a), clause (b) or clause (c), as the case may be, on or before the date, as may be notified by the Government on the recommendations of the Council, no interest under section 50 and penalty under this Act, shall be payable and all the proceedings in respect of the said notice or order or statement, as the case may be, shall be deemed to be concluded, subject to such conditions as may be prescribed: Provided that, where a notice has been issued under sub section (1) of section 74, and an order is passed or required to be passed by the proper officer in pursuance of the direction of the Appellate Authority or Appellate Tribunal or a court in accordance with the provisions of sub-section (2) of section 75, the said notice or order shall be considered to be a notice or order, as the case may be, referred to in clause (a) or clause (b) of this sub- section: Provided further that, the conclusion of the proceedings under this sub-section, in cases where an application is filed under sub-section (3) of section 107 or under sub-section (3) of section 112 or an appeal is filed by an officer of State tax under sub-section (1) of section 117 or under sub-section (1) of section 118 or where any proceedings are initiated under sub-section (1) of section 108, against an order referred to in clause (b) or clause (c) or against the directions of the Appellate Authority or the Appellate Tribunal or the court referred to in the first proviso, shall be subject to the condition that the said person pays the additional amount of tax payable, if any, in accordance with the order of the Appellate Authority or the Appellate Tribunal or the court or the Revisional Authority, as the case may be, within three months from the date of the said order: Provided also that, where such interest and penalty has already been paid, no refund of the same shall be available. (2) Nothing contained in sub-section (1), shall be applicable in respect of any amount payable by the person on account of erroneous refund. (3) Nothing contained in sub-section (1), shall be applicable in respect of cases where an appeal or writ petition filed by the said person is pending before Appellate Authority or Appellate Tribunal or a court, as the case may be, and has not been withdrawn by the said person on or before the date notified under sub-section (1). (4) Notwithstanding anything contained in this Act, where any amount specified under sub-section (1), has been paid and the proceedings are deemed to be concluded under the said sub-section, no appeal under sub-section (1) of section 107 or sub-section (1) of section 112 shall lie against an order referred to in clause (b) or clause (c) of sub-section (1), as the case may be.]1 1. Inserted by Act 02 of 2025 w.e.f. …………………. 129. Detention, seizure and release of goods and conveyances in transit.- (1) Notwithstanding anything contained in this Act, where any person transports any goods or stores any goods while they are in transit in contravention of the provisions of this Act or the 113 rules made thereunder, all such goods and conveyance used as a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to detention or seizure and after detention or seizure, shall be released,–– 2[(a) on payment of penalty equal to two hundred per cent. Of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal two per cent. Of the value of goods or twenty- five thousand rupees, whichever is less, where the owner of the goods comes forwards for payment of such penalty. (b) on payment of penalty equal to fifty per cent. Of the value of the goods or two hundred per cent. Of the tax payable on such goods, whichever is higher, and in case of exempted goods, on payment of on amount equal to five per cent. Of the value of goods or twenty- five thousand rupees, whichever is less, where the owner of the goods does not come forward for the payment of such penalty.]2 (c) upon furnishing a security equivalent to the amount payable under clause (a) or clause (b) in such form and manner as may be prescribed: Provided that no such goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods. 3[(2)XXX]3 2[(3) The proper officer detaining or seizing goods or conveyance shall issue a notice within seven days of such detention or seizure, specifying the penalty payable, and thereafter, pass an order within a period of seven days from the date of service of such notice, for payment of penalty under clause (a) or clause (b) of sub-section (1).]2 (4) 2[No penalty]2 shall be determined under sub-section (3) without giving the person concerned an opportunity of being heard. (5) On payment of amount referred in sub-section (1), all proceedings in respect of the notice specified in sub-section (3) shall be deemed to be concluded. 2[(6) where the person transporting any goods or the owner of such goods fails to pay the amount of penalty under sub-section (1) within fifteen days from the date of receipt of the copy of the order passed under sub-section (3), the goods or conveyance so detained or seized shall be liable to be sold or disposed of otherwise, in such manner and within such time as may be prescribed, to recover the penalty payable under sub-section (3):] Provided that the conveyance shall be released on payment by the transporter of penalty under sub-section (3) or one lakh rupees, whichever is less: Provided further that where the detained or seized giids are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of fifteen days may be resuced by the proper officer. ]2 1. Substituted by Act 03 of 2019 w.e.f.01.02.2019. 2. Substituted by Act 39 of 2021 w.e.f. ………… 3. Omitted by Act 39 of 2021 w.e.f……. 130. Confiscation of goods or conveyances and levy of penalty.- (1) 1[where]1any person – (i) supplies or receives any goods in contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or (ii) does not account for any goods on which he is liable to pay tax under this Act; or (iii) supplies any goods liable to tax under this Act without having applied for registration; or (iv) contravenes any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or 114 (v) uses any conveyance as a means of transport for carriage of goods in contravention of the provisions of this Act or the rules made thereunder unless the owner of the conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance, then, all such goods or conveyances shall be liable to confiscation and the person shall be liable to penalty under section 122. (2) Whenever confiscation of any goods or conveyance is authorised by this Act, the officer adjudging it shall give to the owner of the goods an option to pay in lieu of confiscation, such fine as the said officer thinks fit: Provided that such fine leviable shall not exceed the market value of the goods confiscated, less the tax chargeable thereon: Provided further that the aggregate of such fine and penalty leviable shall not be less than the1[penalty equal to hundred per cent. of the tax payable of such goods]1: Provided also that where any such conveyance is used for the carriage of the goods or passengers for hire, the owner of the conveyance shall be given an option to pay in lieu of the confiscation of the conveyance a fine equal to the tax payable on the goods being transported thereon. 2[(3)XXX]2 (4) No order for confiscation of goods or conveyance or for imposition of penalty shall be issued without giving the person an opportunity of being heard. (5) Where any goods or conveyance are confiscated under this Act, the title of such goods or conveyance shall thereupon vest in the Government. (6) The proper officer adjudging confiscation shall take and hold possession of the things confiscated and every officer of Police, on the requisition of such proper officer, shall assist him in taking and holding such possession. (7) The proper officer may, after satisfying himself that the confiscated goods or conveyance are not required in any other proceedings under this Act and after giving reasonable time not exceeding three months to pay fine in lieu of confiscation, dispose of such goods or conveyance and deposit the sale proceeds thereof with the Government. 1. Substituted by Act 39 of 2021 w.e.f. ………… 2. Omitted by Act 39 of 2021 w.e.f……. 131. Confiscation or penalty not to interfere with other punishments.- Without prejudice to the provisions contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), no confiscation made or penalty imposed under the provisions of this Act or the rules made thereunder shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this Act or under any other law for the time being in force. 132. Punishment for certain offences.- (1) 1[Whoever commits, or causes to commit and retain the benefits arising out of, any of the following offences]1, namely:— (a) supplies any goods or services or both without issue of any invoice, in violation of the provisions of this Act or the rules made thereunder, with the intention to evade tax; (b) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act, or the rules made thereunder leading to wrongful availment or utilisation of input tax credit or refund of tax; 1[(c) avails input tax credit using the invoice or bill referred to in clause (b) or fraudulently avails input tax credit without any invoice or bill;]1 115 (d) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (e) evades tax, 2[XXX]2or fraudulently obtains refund and where such offence is not covered under clauses (a) to (d); (f) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information with an intention to evade payment of tax due under this Act; (g) 3[XXX]3 (h) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, purchasing or in any other manner deals with, any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder; (i) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder; (j) 3[XXX]3 (k) fails to supply any information which he is required to supply under this Act or the rules made thereunder or (unless with a reasonable belief, the burden of proving which shall be upon him, that the information supplied by him is true) supplies false information; or (l) attempts to commit, or abets the commission of any of the offences mentioned in 4[clauses (a) to (f) and clauses (h), (i) and (k)]4 of this section, shall be punishable–– (i) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds five hundred lakh rupees, with imprisonment for a term which may extend to five years and with fine; (ii) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds two hundred lakh rupees but does not exceed five hundred lakh rupees, with imprisonment for a term which may extend to three years and with fine; (iii) in the case of 4[an offence specified in clause (b),]4 where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds one hundred lakh rupees but does not exceed two hundred lakh rupees, with imprisonment for a term which may extend to one year and with fine; (iv) in cases where he commits or abets the commission of an offence specified in clause 116 (f) 3 [ XXX] 3, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. (2) Where any person convicted of an offence under this section is again convicted of an offence under this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to five years and with fine. (3) The imprisonment referred to in clauses (i), (ii) and (iii) of sub-section (1) and sub- section (2) shall, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Court, be for a term not less than six months. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (Central Act 2 of 1974), all offences under this Act, except the offences referred to in sub- section (5) shall be non-cognizable and bailable. (5) The offences specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) and punishable under clause (i) of that sub-section shall be cognizable and non-bailable. (6) A person shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner. Explanation.- For the purposes of this section, the term tax shall include the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or refund wrongly taken under the provisions of this Act, the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act, and cess levied under the Goods and Services Tax (Compensation to States) Act. 1. Substituted by Act 20 of 2020 w.e.f.01.01.2021 2. 2. Omitted by Act 20 of 2020 w.e.f.01.01.2021. 3. Omitted by Act 32 of 2023 w.e.f………………. 4. Subtituted by Act 32 of 2023 w.e.f................ 133. Liability of officers and certain other persons.- (1) Where any person engaged in connection with the collection of statistics under section 151 or compilation or computerisation thereof or if any officer of State tax having access to information specified under sub-section (1) of section 150, or if any person engaged in connection with the provision of service on the common portal or the agent of common portal, wilfully discloses any information or the contents of any return furnished under this Act or rules made thereunder otherwise than in execution of his duties under the said sections or for the purposes of prosecution for an offence under this Act or under any other Act for the time being in force, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty five thousand rupees, or with both. (2) Any person – (a) who is a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Government; (b) who is not a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner. 134. Cognizance of offences.- No court shall take cognizance of any offence punishable under this Act or the rules made thereunder except with the previous sanction of the Commissioner, and no court inferior to that of a Magistrate of the First Class, shall try any such offence. 135. Presumption of culpable mental state.- In any prosecution for an offence under this Act which requires a culpable mental state on the part of the accused, the court 117 shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.—For the purposes of this section,– (i) the expression ―culpable mental state includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact; (ii) a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability. 136.

Relevancy of statements under certain circumstances.- A statement made and signed by a person on appearance in response to any summons issued under section 70 during the course of any inquiry or proceedings under this Act shall be relevant, for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,–– (a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or (b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice. 137. Offences by Companies.- (1) Where an offence committed by a person under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (3) Where an offence under this Act has been committed by a taxable person being a partnership firm or a Limited Liability Partnership or a Hindu Undivided Family or a trust, the partner or karta or managing trustee shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly and the provisions of sub-section (2) shall mutatis mutandis apply to such persons. (4) Nothing contained in this section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. Explanation.––For the purposes of this section,– (i) ―company‖ means a body corporate and includes a firm or other association of individuals; and 118 (ii) ―director‖, in relation to a firm, means a partner in the firm. 138. Compounding of offences.- (1) Any offence under this Act may, either before or after the institution of prosecution, be compounded by the Commissioner on payment, by the person accused of the offence, to the Central Government or the State Government, as the case may be, of such compounding amount in such manner as may be prescribed: Provided that nothing contained in this section shall apply to – 1[(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;]1 2[(b) XXX]2 1[(c) a person who has been accused of committing an offence under clause (b) of sub- section (1) of section 132;]1 (d) a person who has been convicted for an offence under this Act by a court; 2[(e) [XXX]2 (f) any other class of persons or offences as may be prescribed: 1. Subtituted by Act 32 of 2023 w.e.f………………. 2. Omitted by Act 32 of 2023 w.e.f................ Provided further that any compounding allowed under the provisions of this section shall not affect the proceedings, if any, instituted under any other law: Provided also that compounding shall be allowed only after making payment of tax, interest and penalty involved in such offences. (2) The amount for compounding of offences under this section shall be such as may be prescribed, subject to the minimum amount not being less than 1[twenty-five percent of the tax involved and the maximum amount not being more than one hundred percent of the tax involved]1, and the maximum amount not being less than thirty thousand rupees or one hundred and fifty per cent. of the tax, whichever is higher. (3) On payment of such compounding amount as may be determined by the Commissioner, no further proceedings shall be initiated under this Act against the accused person in respect of the same offence and any criminal proceedings, if already initiated in respect of the said offence, shall stand abated. 1. Subtituted by Act 32 of 2023 w.e.f………………. CHAPTER XX TRANSITIONAL PROVISIONS 139. Migration of existing taxpayers.- (1) On and from the appointed day, every person registered under any of the existing laws and having a valid Permanent Account Number shall be issued a certificate of registration on provisional basis, subject to such conditions and in such form and manner as may be prescribed, which unless replaced by a final certificate of registration under sub-section (2), shall be liable to be cancelled if the conditions so prescribed are not complied with. (2) The final certificate of registration shall be granted in such form and manner and subject to such conditions as may be prescribed. (3) The certificate of registration issued to a person under sub-section (1) shall be deemed to have not been issued if the said registration is cancelled in pursuance of an application filed by such person that he was not liable to registration under section 22 or section 24. 140. Transitional arrangements for input tax credit.- (1) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his 119 electronic credit ledger, credit of the amount of Value Added Tax, if any, carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law 1[within such time and]1,in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit in the following circumstances, namely: – (i) where the said amount of credit is not admissible as input tax credit under this Act; or (ii) where he has not furnished all the returns required under the existing law for the period of six months immediately preceding the appointed date: Provided further that so much of the said credit as is attributable to any claim related to section 3, sub-section (3) of section 5, section 6, section 6A or sub-section (8) of section 8 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) which is not substantiated in the manner, and within the period, prescribed in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957 shall not be eligible to be credited to the electronic credit ledger: Provided also that an amount equivalent to the credit specified in the second proviso shall be refunded under the existing law when the said claims are substantiated in the manner prescribed in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957. (2) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, credit of the unavailed input tax credit in respect of capital goods, not carried forward in a return, furnished under the existing law by him, for the period ending with the day immediately preceding the appointed day 1[within such time and]1 , in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit unless the said credit was admissible as input tax credit under the existing law and is also admissible as input tax credit under this Act. Explanation.––For the purposes of this section, the expression unavailed input tax credit‖ means the amount that remains after subtracting the amount of input tax credit already availed in respect of capital goods by the taxable person under the existing law from the aggregate amount of input tax credit to which the said person was entitled in respect of the said capital goods under the existing law. (3) A registered person, who was not liable to be registered under the existing law or who was engaged in the sale of exempted goods or tax free goods, by whatever name called, under the existing law but which are liable to tax under this Act, shall be entitled to take, in his electronic credit ledger, credit of the value added tax in respect of inputs held in stock and inputs contained in semi-finished or finished 2[goods held in stock on the appointed day, within such time and in such manner as may be prescribed, subject to]2, the following conditions namely:–– (i) such inputs or goods are used or intended to be used for making taxable supplies under this Act; (ii) the said registered person is eligible for input tax credit on such inputs under this Act; (iii) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of such inputs; and (iv) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day: Provided that where a registered person, other than a manufacturer or a supplier of 120 services, is not in possession of an invoice or any other documents evidencing payment of tax in respect of inputs, then, such registered person shall, subject to such conditions, limitations and safeguards as may be prescribed, including that the said taxable person shall pass on the benefit of such credit by way of reduced prices to the recipient, be allowed to take credit at such rate and in such manner as may be prescribed. (4) A registered person, who was engaged in the sale of taxable goods as well as exempted goods or tax free goods, by whatever name called, under the existing law but which are liable to tax under this Act, shall be entitled to take, in his electronic credit ledger,- (a) the amount of credit of the value added tax, if any, carried forward in a return furnished under the existing law by him in accordance with the provisions of sub-section (1); and (b) the amount of credit of the value added tax, if any, in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day, relating to such exempted goods or tax free goods, by whatever name called, in accordance with the provisions of sub-section (3). (5) A registered person shall be entitled to take, in his electronic credit ledger, credit of value added tax, if any, in respect of inputs received on or after the appointed day but the tax in respect of which has been paid by the supplier under the 2[existing law, within such time and in such manner as may be prescribed]2, subject to the condition that the invoice or any other tax paying document of the same was recorded in the books of account of such person within a period of thirty days from the appointed day: Provided that the period of thirty days may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding thirty days: Provided further that the said registered person shall furnish a statement, in such manner as may be prescribed, in respect of credit that has been taken under this sub - section. (6) A registered person, who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the existing law shall be entitled to take, in his electronic credit ledger, credit of value added tax in respect of inputs held in stock and inputs contained in semi-finished or finished 2[goods held in stock on the appointed day, within such time and in such manner as may be prescribed, subject to]2 , the following conditions, namely:–– (i) such inputs or goods are used or intended to be used for making taxable supplies under this Act; (ii) the said registered person is not paying tax under section 10; (iii) the said registered person is eligible for input tax credit on such inputs under this Act; (iv) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of inputs; and (v) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day. (7) The amount of credit under sub-sections (3), (4) and (6) shall be calculated in such manner as may be prescribed. 1. Deemed to have been inserted by Act 20 of 2020 w.e.f.18.05.2020 2. Deemed to have been substituted by Act 20 of 2020 w.e.f.18.05.2020 141. Transitional provisions relating to job work.- (1) Where any inputs received at a place of business had been despatched as such or despatched after being partially processed to a job worker for further processing, testing, repair, reconditioning or 121 any other purpose in accordance with the provisions of existing law prior to the appointed day and such inputs are returned to the said place on or after the appointed day, no tax shall be payable if such inputs, after completion of the job work or otherwise, are returned to the said place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if such inputs are not returned within the period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142. (2) Where any semi-finished goods had been despatched from the place of business to any other premises for carrying out certain manufacturing processes in accordance with the provisions of existing law prior to the appointed day and such goods (hereafter in this sub-section referred to as ―the said goods‖) are returned to the said place on or after the appointed day, no tax shall be payable if the said goods, after undergoing manufacturing processes or otherwise, are returned to the said place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if the said goods are not returned within a period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142: Provided also that the person despatching the goods may, in accordance with the provisions of the existing law, transfer the said goods to the premises of any registered person for the purpose of supplying therefrom on payment of tax in India or without payment of tax for exports within the period specified in this sub-section. (3) Where any goods had been despatched from the place of business without payment of tax for carrying out tests or any other process, to any other premises, whether registered or not, in accordance with the provisions of existing law prior to the appointed day and such goods, are returned to the said place of business on or after the appointed day, no tax shall be payable if the said goods, after undergoing tests or any other process, are returned to such place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if the said goods are not returned within the period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142: Provided also that the person despatching the goods may, in accordance with the provisions of the existing law, transfer the said goods from the said other premises on payment of tax in India or without payment of tax for exports within the period specified in this sub-section. (4) The tax under sub-sections (1), (2) and (3) shall not be payable, only if the person despatching the goods and the job worker declare the details of the inputs or goods held in stock by the job worker on behalf of the said person on the appointed day in such form and manner and within such time as may be prescribed. 142. Miscellaneous transitional provisions.- (1) Where any goods on which tax, if any, had been paid under the existing law at the time of sale thereof, not being earlier than six months prior to the appointed day, are returned to any place of business on or after the appointed day, the registered person shall be eligible for refund of the tax paid under the existing law where such goods are returned by a person, other than a registered person, to 122 the said place of business within a period of six months from the appointed day and such goods are identifiable to the satisfaction of the proper officer: Provided that if the said goods are returned by a registered person, the return of such goods shall be deemed to be a supply. (2) (a) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised upwards on or after the appointed day, the registered person who had sold such goods shall issue to the recipient a supplementary invoice or debit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act, such supplementary invoice or debit note shall be deemed to have been issued in respect of an outward supply made under this Act; (b) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised downwards on or after the appointed day, the registered person who had sold such goods may issue to the recipient a credit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act such credit note shall be deemed to have been issued in respect of an outward supply made under this Act: Provided that the registered person shall be allowed to reduce his tax liability on account of issue of the credit note only if the recipient of the credit note has reduced his input tax credit corresponding to such reduction of tax liability. (3) Every claim for refund filed by any person before, on or after the appointed day for refund of any amount of input tax credit, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be refunded to him in cash in accordance with the provisions of the said law: Provided that where any claim for refund of the amount of input tax credit is fully or partially rejected, the amount so rejected shall lapse: Provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act. (4) Every claim for refund filed after the appointed day for refund of any tax paid under the existing law in respect of the goods exported before or after the appointed day, shall be disposed of in accordance with the provisions of the existing law: Provided that where any claim for refund of input tax credit is fully or partially rejected, the amount so rejected shall lapse: Provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act. (5) Notwithstanding anything to the contrary contained in this Act, any amount of input tax credit reversed prior to the appointed day shall not be admissible as input tax credit under this Act. (6) (a) every proceeding of appeal, revision, review or reference relating to a claim for input tax credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of the existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law, and the amount rejected, if any, shall not be admissible as input tax credit under this Act: Provided that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward 123 under this Act; (b) every proceeding of appeal, revision, review or reference relating to recovery of input tax credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of the existing law, and if any amount of credit becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (7) (a) every proceeding of appeal, revision, review or reference relating to any output tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and if any amount becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (b) every proceeding of appeal, revision, review or reference relating to any output tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and any amount found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (8) (a) where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (b) where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the taxable person, the same shall be refunded to him in cash under the said law, and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (9) (a) where any return, furnished under the existing law, is revised after the appointed day and if, pursuant to such revision, any amount is found to be recoverable or any amount of input tax credit is found to be inadmissible, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act; (b) where any return, furnished under the existing law, is revised after the appointed day but within the time limit specified for such revision under the existing law and if, pursuant to such revision, any amount is found to be refundable or input tax credit is found to be admissible to any taxable person, the same shall be refunded to him in cash under the existing law, and the amount rejected, if any, shall not be admissible as input tax 124 credit under this Act. (10) Save as otherwise provided in this Chapter, the goods or services or both supplied on or after the appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax under the provisions of this Act. (11) (a) notwithstanding anything contained in section 12, no tax shall be payable on goods under this Act to the extent the tax was leviable on the said goods under the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004); (b) notwithstanding anything contained in section 13, no tax shall be payable on services under this Act to the extent the tax was leviable on the said services under Chapter V of the Finance Act, 1994 (Central Act 32 of 1994); (c) where tax was paid on any supply, both under the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) and under Chapter V of the Finance Act, 1994 (Central Act 32 of 1994), tax shall be leviable under this Act and the taxable person shall be entitled to take credit of value added tax or service tax paid under the existing law to the extent of supplies made after the appointed day and such credit shall be calculated in such manner as may be prescribed. (12) Where any goods sent on approval basis, not earlier than six months before the appointed day, are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax shall be payable thereon if such goods are returned within six months from the appointed day: Provided that the said period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that the tax shall be payable by the person returning the goods if such goods are liable to tax under this Act, and are returned after the period specified in this sub-section: Provided also that tax shall be payable by the person who has sent the goods on approval basis if such goods are liable to tax under this Act, and are not returned within the period specified in this sub-section. (13) Where a supplier has made any sale of goods in respect of which tax was required to be deducted at source under the Karnataka Value Added Tax, 2003 (Karnataka Act 32 of 2004) and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 51 shall be made by the deductor under the said section where payment to the said supplier is made on or after the appointed day. (14) Where any goods or capital goods belonging to the principal are lying at the premises of the agent on the appointed day, the agent shall be entitled to take credit of the tax paid on such goods or capital goods subject to fulfilment of the following conditions: (i) the agent is a registered taxable person under this Act; (ii) both the principal and the agent declare the details of stock of goods or capital goods lying with such agent on the day immediately preceding the appointed day in such form and manner and within such time as may be prescribed in this behalf; (iii) the invoices for such goods or capital goods had been issued not earlier than twelve months immediately preceding the appointed day; and (iv) the principal has either reversed or not availed of the input tax credit in respect of such,- 125 (a) goods; or (b) capital goods or, having availed of such credit, has reversed the said credit, to the extent availed of by him. Explanation.- For the purposes of this Chapter, the expression ―capital goods‖ shall have the same meaning as assigned to it in the Karnataka Value Added Tax, 2003 (Karnataka Act 32 of 2004). CHAPTER XXI MISCELLANEOUS 143. Job work procedure.- (1) A registered person (hereafter in this section referred to as the ―principal‖) may, under intimation and subject to such conditions as may be prescribed, send any inputs or capital goods, without payment of tax, to a job worker for job work and from there subsequently send to another job worker and likewise, and shall,–– (a) bring back inputs, after completion of job work or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out, to any of his place of business, without payment of tax; (b) supply such inputs, after completion of job work or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out from the place of business of a job worker on payment of tax within India, or with or without payment of tax for export, as the case may be: Provided that the principal shall not supply the goods from the place of business of a job worker in accordance with the provisions of this clause unless the said principal declares the place of business of the job worker as his additional place of business except in a case- 1[Provided further that, the period of one year and three years may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding one year and two years respectively.]1 (i) where the job worker is registered under section 25; or (ii) where the principal is engaged in the supply of such goods as may be notified by the Commissioner. (2) The responsibility for keeping proper accounts for the inputs or capital goods shall lie with the principal. (3) Where the inputs sent for job work are not received back by the principal after completion of job work or otherwise in accordance with the provisions of clause (a) of sub- section (1) or are not supplied from the place of business of the job worker in accordance with the provisions of clause (b) of sub-section (1) within a period of one year of their being sent out, it shall be deemed that such inputs had been supplied by the principal to the job worker on the day when the said inputs were sent out. (4) Where the capital goods, other than moulds and dies, jigs and fixtures, or tools, sent for job work are not received back by the principal in accordance with the provisions of clause (a) of sub-section (1) or are not supplied from the place of business of the job worker in accordance with the provisions of clause (b) of sub-section (1) within a period of three years of their being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job worker on the day when the said capital goods were sent out. (5) Notwithstanding anything contained in sub-sections (1) and (2), any waste and scrap generated during the job work may be supplied by the job worker directly from his place of business on payment of tax, if such job worker is registered, or by the principal, if the job worker is not registered. 126 Explanation.- For the purposes of job work, input includes intermediate goods arising from any treatment or process carried out on the inputs by the principal or the job worker. 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019 . 144. Presumption as to documents in certain cases.- Where any document- (i) is produced by any person under this Act or any other law for the time being in force; or (ii) has been seized from the custody or control of any person under this Act or any other law for the time being in force; or (iii) has been received from any place outside India in the course of any proceedings under this Act or any other law for the time being in force, and such document is tendered by the prosecution in evidence against him or any other person who is tried jointly with him, the court shall-- (a) unless the contrary is proved by such person, presume — (i) the truth of the contents of such document; (ii) that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person‗s handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; (b) admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence. 145. Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence.- (1) Notwithstanding anything contained in any other law for the time being in force, — (a) a micro film of a document or the reproduction of the image or images embodied in such micro film (whether enlarged or not); or (b) a facsimile copy of a document; or (c) a statement contained in a document and included in a printed material produced by a computer, subject to such conditions as may be prescribed; or (d) any information stored electronically in any device or media, including any hard copies made of such information, shall be deemed to be a document for the purposes of this Act and the rules made thereunder and shall be admissible in any proceedings thereunder, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) In any proceedings under this Act and or the rules made thereunder, where it is desired to give a statement in evidence by virtue of this section, a certificate, — (a) identifying the document containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer, shall be evidence of any matter stated in the certificate and for the purposes of this sub - 127 section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. 146. Common Portal.- The Government may, on the recommendations of the Council, notify the Common Goods and Services Tax Electronic Portal for facilitating registration, payment of tax, furnishing of returns, computation and settlement of integrated tax, electronic way bill and for carrying out such other functions and for such purposes as may be prescribed. 147. Deemed Exports.- The Government may, on the recommendations of the Council, notify certain supplies of goods as ―deemed exports‖, where goods supplied do not leave India, and payment for such supplies is received either in Indian rupees or in convertible foreign exchange, if such goods are manufactured in India. 148. Special procedure for certain processes.- The Government may, on the recommendations of the Council, and subject to such conditions and safeguards as may be prescribed, notify certain classes of registered persons, and the special procedures to be followed by such persons including those with regard to registration, furnishing of return, payment of tax and administration of such persons. 1[148-A. Track and trace mechanism for certain goods.- (1) The Government may, on the recommendations of the Council, by notification, specify,- (a) the goods; (b) persons or class of persons who are in possession or deal with such goods to which the provisions of this section shall apply. (2) The Government may, in respect of the goods referred to in clause (a) of sub- section (1),- (a) provide a system for enabling affixation of unique identification marking and for electronic storage and access of information contained therein, through such persons, as may be prescribed; and (b) prescribe the unique identification marking for such goods, including the information to be recorded therein. (3) The persons referred to in sub-section (1), shall,- (a) affix on the said goods or packages thereof, a unique identification marking, containing such information and in such manner; (b) furnish such information and details within such time and maintain such records or documents, in such form and manner; (c) furnish details of the machinery installed in the place of business of manufacture of such goods, including the identification, capacity, duration of operation and such other details or information, within such time and in such form and manner; and (d) pay such amount in relation to the system referred to in sub-section (2), as may be prescribed.]1 1. Inserted by Act 43 of 2025 w.e.f. ………………………………. 149. Goods and services tax compliance rating.- (1) Every registered person may be assigned a goods and services tax compliance rating score by the Government based on his record of compliance with the provisions of this Act. (2) The goods and services tax compliance rating score may be determined on the basis of such parameters as may be prescribed. (3) The goods and services tax compliance rating score may be updated at periodic intervals and intimated to the registered person and also placed in the public domain in such manner as may be prescribed. 128 150. Obligation to furnish information return.- (1) Any person, being— (a) a taxable person; or (b) a local authority or other public body or association; or (c) any authority of the State Government responsible for the collection of value added tax or sales tax or State excise duty or an authority of the Central Government responsible for the collection of excise duty or customs duty; or (d) an income tax authority appointed under the provisions of the Income- tax Act, 1961 (Central Act 43 of 1961); or (e) a banking company within the meaning of clause (a) of section 45A of the Reserve Bank of India Act, 1934 (Central Act 2 of 1934); or (f) a State Electricity Board or an electricity distribution or transmission licensee under the Electricity Act, 2003 (Central Act 36 of 2003), or any other entity entrusted with such functions by the Central Government or the State Government; or (g) the Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908 (Central Act 16 of 1908); or (h) a Registrar within the meaning of the Companies Act, 2013 (Central Act 18 of 2013); or (i) the registering authority empowered to register motor vehicles under the Motor Vehicles Act, 1988 (Central Act 59 of 1988); or (j) the Collector referred to in clause (c) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013); or (k) the recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (Central Act 42 of 1956); or (l) a depository referred to in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (Central Act 22 of 1996); or (m) an officer of the Reserve Bank of India as constituted under section 3 of the Reserve Bank of India Act, 1934 (Central Act 2 of 1934); or (n) the Goods and Services Tax Network, a company registered under the Companies Act, 2013 (Central Act 18 of 2013); or (o) a person to whom a Unique Identity Number has been granted under sub-section (9) of section 25; or (p) any other person as may be specified, on the recommendations of the Council, by the Government, who is responsible for maintaining record of registration or statement of accounts or any periodic return or document containing details of payment of tax and other details of transaction of goods or services or both or transactions related to a bank account or consumption of electricity or transaction of purchase, sale or exchange of goods or property or right or interest in a property under any law for the time being in force, shall furnish an information return of the same in respect of such periods, within such time, in such form and manner and to such authority or agency as may be prescribed. (2) Where the Commissioner, or an officer authorised by him in this behalf, considers that the information furnished in the information return is defective, he may intimate the defect to the person who has furnished such information return and give him an opportunity of rectifying the defect within a period of thirty days from the date of such intimation or within 129 such further period which, on an application made in this behalf, the said authority may allow and if the defect is not rectified within the said period of thirty days or, the further period so allowed, then, notwithstanding anything contained in any other provisions of this Act, such information return shall be treated as not furnished and the provisions of this Act shall apply. (3) Where a person who is required to furnish information return has not furnished the same within the time specified in sub-section (1) or sub-section (2), the said authority may serve upon him a notice requiring furnishing of such information return within a period not exceeding ninety days from the date of service of the notice and such person shall furnish the information return. 1[151. Power to call for information.- The Commissioner or an officer authorized by him may, by an order, direct any person to furnish information relating to any matter dealt with in connection with this Act, within such time, in such form, and such manner, has may be specified therein.]1 1. Substituted by Act 39 of 2021 w.e.f. ………… 152. Bar on disclosure of information.- (1) No information 1[XXX]1with respect to any matter given for the purposes of section 150 or section 151 shall, without the previous consent in writing of the concerned person or his authorised representative, be published in such manner so as to enable such particulars to be identified as referring to a particular person and no such information shall be used for the purpose of any proceedings under this Act 2[without giving an opportunity of being heard to the person concerned.]2 1[(2)XXX]1. (3) Nothing in this section shall apply to the publication of any information relating to a class of taxable persons or class of transactions, if in the opinion of the Commissioner, it is desirable in the public interest to publish such information. 1. Omitted by Act 39 of 2021 w.e.f. ………… 2. Inserted by Act 39 of 2021 w.e.f……. 153. Taking assistance from an expert.- Any officer not below the rank of Assistant Commissioner may, having regard to the nature and complexity of the case and the interest of revenue, take assistance of any expert at any stage of scrutiny, inquiry, investigation or any other proceedings before him. 154. Power to take samples.- The Commissioner or an officer authorised by him may take samples of goods from the possession of any taxable person, where he considers it necessary, and provide a receipt for any samples so taken. 155. Burden of Proof.- Where any person claims that he is eligible for input tax credit under this Act, the burden of proving such claim shall lie on such person. 156. Persons deemed to be public servants.- All persons discharging functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central ct 45 of 1860). 157. Protection of action taken under this Act.- (1) No suit, prosecution or other legal proceedings shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any other person authorised by the said Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. (2) No suit, prosecution or other legal proceedings shall lie against any officer appointed or authorised under this Act for anything which is done or intended to be done in good faith under this Act or the rules made thereunder. 130 158. Disclosure of information by a public servant.- (1) All particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act, or in any record of evidence given in the course of any proceedings under this Act (other than proceedings before a criminal court), or in any record of any proceedings under this Act shall, save as provided in sub-section (3), not be disclosed. (2) Notwithstanding anything contained in the Indian Evidence Act, 1872 (Central Act 1 of 1872), no court shall, save as otherwise provided in sub-section (3), require any officer appointed or authorised under this Act to produce before it or to give evidence before it in respect of particulars referred to in sub-section (1). (3) Nothing contained in this section shall apply to the disclosure of,–– (a) any particulars in respect of any statement, return, accounts, documents, evidence, affidavit or deposition, for the purpose of any prosecution under the Indian Penal Code (Central Act 45 of 1860) or the Prevention of Corruption Act, 1988 (Central Act 49 of 1988), or any other law for the time being in force; or (b) any particulars to the Central Government or the State Government or to any person acting in the implementation of this Act, for the purposes of carrying out the objects of this Act; or (c) any particulars when such disclosure is occasioned by the lawful exercise under this Act of any process for the service of any notice or recovery of any demand; or (d) any particulars to a civil court in any suit or proceedings, to which the Government or any authority under this Act is a party, which relates to any matter arising out of any proceedings under this Act or under any other law for the time being in force authorising any such authority to exercise any powers thereunder; or (e) any particulars to any officer appointed for the purpose of audit of tax receipts or refunds of the tax imposed by this Act; or (f) any particulars where such particulars are relevant for the purposes of any inquiry into the conduct of any officer appointed or authorised under this Act, to any person or persons appointed as an inquiry officer under any law for the time being in force; or (g) any such particulars to an officer of the Central Government or of any State Government, as may be necessary for the purpose of enabling that Government to levy or realise any tax or duty; or (h) any particulars when such disclosure is occasioned by the lawful exercise by a public servant or any other statutory authority, of his or its powers under any law for the time being in force; or (i) any particulars relevant to any inquiry into a charge of misconduct in connection with any proceedings under this Act against a practising advocate, a tax practitioner, a practising cost accountant, a practising chartered accountant, a practising company secretary to the authority empowered to take disciplinary action against the members practising the profession of a legal practitioner, a cost accountant, a chartered accountant or a company secretary, as the case may be; or (j) any particulars to any agency appointed for the purposes of data entry on any automated system or for the purpose of operating, upgrading or maintaining any automated system where such agency is contractually bound not to use or disclose such particulars except for the aforesaid 131 purposes; or (k) any such particulars to an officer of the Government as may be necessary for the purposes of any other law for the time being in force; and (l) any information relating to any class of taxable persons or class of transactions for publication, if, in the opinion of the Commissioner, it is desirable in the public interest, to publish such information. 159. Publication of information in respect of persons in certain cases.- (1) If the Commissioner, or any other officer authorised by him in this behalf, is of the opinion that it is necessary or expedient in the public interest to publish the name of any person and any other particulars relating to any proceedings or prosecution under this Act in respect of such person, it may cause to be published such name and particulars in such manner as it thinks fit.

(2) No publication under this section shall be made in relation to any penalty imposed under this Act until the time for presenting an appeal to the Appellate Authority under section 107 has expired without an appeal having been presented or the appeal, if presented, has been disposed of. Explanation.––In the case of firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or the members of the association, as the case may be, may also be published if, in the opinion of the Commissioner, or any other officer authorised by him in this behalf, circumstances of the case justify it. 160. Assessment proceedings, etc. not to be invalid on certain grounds.- (1) No assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings done, accepted, made, issued, initiated, or purported to have been done, accepted, made, issued, initiated in pursuance of any of the provisions of this Act shall be invalid or deemed to be invalid merely by reason of any mistake, defect or omission therein, if such assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings are in substance and effect in conformity with or according to the intents, purposes and requirements of this Act or any existing law. (2) The service of any notice, order or communication shall not be called in question, if the notice, order or communication, as the case may be, has already been acted upon by the person to whom it is issued or where such service has not been called in question at or in the earlier proceedings commenced, continued or finalised pursuant to such notice, order or communication. 161. Rectification of errors apparent on the face of record.- Without prejudice to the provisions of section 160, and notwithstanding anything contained in any other provisions of this Act, any authority, who has passed or issued any decision or order or notice or certificate or any other document, may rectify any error which is apparent on the face of record in such decision or order or notice or certificate or any other document, either on its own motion or where such error is brought to its notice by any officer appointed under this Act or an officer appointed under the Central Goods and Services Tax Act or by the affected person within a period of three months from the date of issue of such decision or order or notice or certificate or any other document, as the case may be: Provided that no such rectification shall be done after a period of six months from the date of issue of such decision or order or notice or certificate or any other document: Provided further that the said period of six months shall not apply in such cases where the rectification is purely in the nature of correction of a clerical or arithmetical error, arising from any accidental slip or omission: 132 Provided also that where such rectification adversely affects any person, the principles of natural justice shall be followed by the authority carrying out such rectification. 162. Bar on jurisdiction of civil courts.- Save as provided in sections 117 and 118, no civil court shall have jurisdiction to deal with or decide any question arising from or relating to anything done or purported to be done under this Act. 163. Levy of fee.- Wherever a copy of any order or document is to be provided to any person on an application made by him for that purpose, there shall be paid such fee as may be prescribed. 164. Power of Government to make rules.- (1) The Government may, on the recommendations of the Council, by notification, make rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the provisions of sub-section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules. (3) The power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this Act come into force. (4) Any rules made under sub-section (1) or sub-section (2) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees. 165. Power to make regulations.- The Government may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. 166. Laying of rules, regulations and notifications.- Every rule made by the Government, every regulation made by the Government and every notification issued by the Government under this Act, shall be laid, as soon as may be after it is made or issued, before the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or regulation or in the notification, as the case may be, or the State Legislature agrees that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be. 167. Delegation of powers.- The Commissioner may, by notification, direct that subject to such conditions, if any, as may be specified in the notification, any power exercisable by any authority or officer under this Act may be exercisable also by another authority or officer as may be specified in such notification. 168. Power to issue instructions or directions.- The Commissioner may, if he considers it necessary or expedient so to do for the purpose of uniformity in the implementation of this Act, issue such orders, instructions or directions to the State tax 133 officers as it may deem fit, and thereupon all such officers and all other persons employed in the implementation of this Act shall observe and follow such orders, instructions or directions. 1[168A. Power of the Government to extend time limit in special circumstances.-(1) Notwithstanding anything contained in this Act, the Government may, on the recommendations of the Council, by notification, extend time limit specified in, or prescribed or notified under, this Act in respect of actions which cannot be completed or complied with due to force majeure. (2) The power to issue notification under sub-section (1) shall include the power to give retrospective effect to such notification from a date not earlier than the date of commencement of this Act. Explanation.-For the purposes of this section, the expression ―force majeure‖ means a case of war, epidemic, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or otherwise affecting the implementation of any of the provisions of this Act.]1. 1. Deemed to have been inserted by Act 20 of 2020 w.e.f.31.03.2020 169. Service of notice in certain circumstances.- (1) Any decision, order, summons, notice or other communication under this Act or the rules made thereunder shall be served by any one of the following methods, namely:- by giving or tendering it directly or by a messenger including a courier to the addressee or the taxable person or to his manager or authorised representative or an advocate or a tax practitioner holding authority to appear in the proceedings on behalf of the taxable person or to a person regularly employed by him in connection with the business, or to any adult member of family residing with the taxable person; or (a) by registered post or speed post or courier with acknowledgement due, to the person for whom it is intended or his authorised representative, if any, at his last known place of business or residence; or (b) by sending a communication to his e-mail address provided at the time of registration or as amended from time to time; or (c) by making it available on the common portal; or (d) by publication in a newspaper circulating in the locality in which the taxable person or the person to whom it is issued is last known to have resided, carried on business or personally worked for gain; or (e) if none of the modes aforesaid is practicable, by affixing it in some conspicuous place at his last known place of business or residence and if such mode is not practicable for any reason, then by affixing a copy thereof on the notice board of the office of the concerned officer or authority who or which passed such decision or order or issued such summons or notice. (2) Every decision, order, summons, notice or any communication shall be deemed to have been served on the date on which it is tendered or published or a copy thereof is affixed in the manner provided in sub-section (1). (3) When such decision, order, summons, notice or any communication is sent by registered post or speed post, it shall be deemed to have been received by the addressee at the expiry of the period normally taken by such post in transit unless the contrary is proved. 170. Rounding off of tax etc.- The amount of tax, interest, penalty, fine or any other sum payable, and the amount of refund or any other sum due, under the provisions of 134 this Act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored. 171. Anti-profiteering Measure.- (1) Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices. (2) The Central Government may, on recommendations of the Council, by notification, constitute an Authority, or empower an existing Authority constituted under any law for the time being in force, to examine whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him. 1[Provided that, the Government may by notification, on the recommendations of the Council, specify the date from which the said Authority shall not accept any request for examination as to whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him. Explanation 1.- For the purposes of this sub-section, ―request for examination‖ shall mean the written application filed by an applicant requesting for examination as to whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him.‖; ―Explanation 2.- For the purposes of this section, the expression ―Authority‖ shall include the ―Appellate Tribunal‖.]1 1. Inserted by Act 02 of 2025 w.e.f. …………………. (3) The Authority referred to in sub-section (2) shall exercise such powers and discharge such functions as may be prescribed. 1[(3A) Where the Authority referred to in sub-section (2) after holding examination as required under the said sub-section comes to the conclusion that any registered person has profiteered under sub-section (1), such person shall be liable to pay penalty equivalent to ten per cent. of the amount so profiteered: Provided that, no penalty shall be leviable if the profiteered amount is deposited within thirty days of the date of passing of the order by the Authority. Explanation.- For the purposes of this section, the expression ―profiteered‖ shall mean the amount determined on account of not passing the benefit of reduction in rate of tax on supply of goods or services or both or the benefit of input tax credit to the recipient by way of commensurate reduction in the price of the goods or services or both.]1 1. Inserted by Act 23 of 2019 w.e.f.01.01.2020 172. Removal of difficulties.- (1) If any difficulty arises in giving effect to any provisions of this Act, the Government may, on the recommendations of the Council, by a general or a special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty: Provided that no such order shall be made after the expiry of a period of 1[five years]1from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before the State Legislature. 1. Substituted by Act 20 of 2020 w.e.f.30.06.2020 135 173. Repeals. (1) Save as otherwise provided in this Act, on and from the date of commencement of this Act,- (i) The Mysore Betting Tax Act, 1932 (Mysore Act IX of 1932), (ii) The Karnataka Entertainments Tax Act, 1958 (Karnataka Act 30 of 1958), (iii) The Karnataka Tax on Luxuries Act, 1979 (Karnataka Act 22 of 1979), (iv) The Karnataka Tax on Entry of Goods Act, 1979, (Karnataka Act 27 of 1979), (v) The Karnataka Tax on Lotteries Act, 2004 (Karnataka Act 4 of 2004) (vi) The Karnataka Special Entry Tax Act, 2002 (Karnataka Act 29 of 2004), (vii) The Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004), (hereafter referred to as the repealed Acts) are hereby repealed. (2) Every certificate of registration, licence or as the case may be, permission, granted under any of the repealed Acts or such repealed provision, shall stand cancelled with effect from the appointed day and shall be returned to the authority competent to cancel such certificate of registration, licence or as the case may be, permission, within a period of three months from the appointed day. 174. Saving. (1) The repeal of the Acts specified in section 173 shall not— (a) revive anything not in force or existing at the time of such repeal; or (b) affect the previous operation of the repealed Acts and orders or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the repealed Acts or orders under such repealed Acts: Provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any tax, surcharge, penalty, fine, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the repealed Acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid, and any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these Acts had not been so repealed; or (f) affect any proceedings including that relating to an appeal, revision, review or reference, instituted before, on or after the appointed day under the said repealed Acts and such proceedings shall be continued under the said repealed Acts as if this Act had not come into force and the said Acts had not been repealed. (2) Not withstanding anything contained in section 173, for the purpose of giving effect to 136 sub-section (1), the State Government may, by notification, in the Official Gazette make such provision as appears to it necessary or expedient,- (a) for making omissions from, additions to and adaptations and modifications of the rules, notifications and orders issued under the repealed Acts; (b) for specifying the authority, officer or person who shall be competent to exercise such functions exercisable under any of the repealed Acts or any rules, notifications or orders issued thereunder as may be mentioned in the said notification. (3) Notwithstanding anything contained in section 173, nothing contained in any of the repealed Acts limiting the time within which any action may be taken or any order, assessment or re-assessment may be made shall apply to an assessment or re-assessment made on the assess or any person,- (i) in consequence of, or to give effect to, any finding, direction or order made under any provision of the relevant repealed Acts or any judgement, or order made by the Supreme Court, High Court or any other court whether before or after the commencement of this Act; (ii) to rectify any error on account of the assessment of such assessee or person under this Act, instead of under the relevant enactment, provided such assessment or re-assessment under the repealed Acts is made within the time specified in such repealed Acts. (4) The repeal of the Acts referred to in section 173 shall not be held to prejudice or affect the general application of section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) with regard to the effect of repeal. SCHEDULE I [See section 7] ACTIVITIES TO BE TREATED AS SUPPLY EVEN IF MADE WITHOUT CONSIDERATION 1. Permanent transfer or disposal of business assets where input tax credit has been availed on such assets. 2. Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business: Provided that gifts not exceeding fifty thousand rupees in value in a financial year by an employer to an employee shall not be treated as supply of goods or services or both. 3. Supply of goods— (a) by a principal to his agent where the agent undertakes to supply such goods on behalf of the principal; or (b) by an agent to his principal where the agent undertakes to receive such goods on behalf of the principal. 4. Import of services by a 1[person]1from a related person or from any of his other establishments outside India, in the course or furtherance of business. 137 1. Substituted by Act 03 of 2019 w.e.f.01.02.2019 . . SCHEDULE II [See section 7] ACTIVITIES1[OR TRANSACTIONS]1 TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES 1. Transfer (a) any transfer of the title in goods is a supply of goods; (b) any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services; (c) any transfer of title in goods under an agreement which stipulates that property in goods shall pass at a future date upon payment of full consideration as agreed, is a supply of goods. 2. Land and Building (a) any lease, tenancy, easement, licence to occupy land is a supply of services; (b) any lease or letting out of the building including a commercial, industrial or residential complex for business or commerce, either wholly or partly, is a supply of services. 3. Treatment or process Any treatment or process which is applied to another person‗s goods is a supply of services. 4. Transfer of business assets (a) where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, 3[xxx]3such transfer or disposal is a supply of goods by the person; (b) where, by or under the direction of a person carrying on a business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, 3[xxx]3 the usage or making available of such goods is a supply of services; (c) where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless— (i) the business is transferred as a going concern to another person; or (ii) the business is carried on by a personal representative who is deemed to be a taxable person. 5. Supply of services The following shall be treated as supply of service, namely:-- (a) renting of immovable property; 2[(b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the 138 entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier. Explanation.––For the purposes of this clause–– (1) the expression "competent authority" means the Government or any authority authorised to issue completion certificate under any law for the time being in force and in case of non-requirement of such certificate from such authority, from any of the following, namely:– (i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (Central Act 20 of 1972); or (ii) a chartered engineer registered with the Institution of Engineers (India); or (iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority; (2) the expression "construction" includes additions, alterations, replacements or remodeling of any existing civil structure;]2 (c) temporary transfer or permitting the use or enjoyment of any intellectual property right; (d) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software; (e) agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act; and (f) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration. 6. Composite supply The following composite supplies shall be treated as a supply of services, namely:— (a) works contract as defined in clause (119) of section 2; and (b) supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration. 4[7.XXX]4 1. Deemed to have been Inserted by Act 03 of 2019 w.e.f.01.07.2017. 2. Please see the clarification pertaining item (b) of Para 5 of Schedule II in the Karnataka Goods and Service Tax (Fourth Removal of Difficulties) order 2019 issued vide order No FD47CSL 2017 dated 29.03.2019 with effect from 01.04.2019. 3. Deemed to have been omitted by Act 20 of 2020 w.e.f.01.01.2021. 4. Deemed to have been Omitted by Act 39 of 2021 w.e.f.01.01.2022. . SCHEDULE III [See section 7] ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES 1. Services by an employee to the employer in the course of or in relation to his employment. 2. Services by any court or Tribunal established under any law for the time being in force. 3. (a) the functions performed by the Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities; 139 (b) the duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity; or (c) the duties performed by any person as a Chairperson or a Member or a Director in a body established by the Central Government or a State Government or local authority and who is not deemed as an employee before the commencement of this clause. 4. Services of funeral, burial, crematorium or mortuary including transportation of the deceased. 5. Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building. 6. Actionable claims, other than 4[specified actionable claims]4. 3[1[7. Supply of goods from a place outside India to another place outside India without such goods entering into India. 8. (a) Supply of warehoused goods to any person before clearance for home consumption; 6[(aa) Supply of goods warehoused in a Special Economic Zone or in a Free Trade Warehousing Zone to any person before clearance for exports or to the Domestic Tariff Area;]6 (b) Supply of goods by the consignee to any other person, by endorsement of documents of title to the goods, after the goods have been dispatched from the port of origin located outside India but before clearance for home consumption.]1]3 5[9. Activity of apportionment of co-insurance premium by the lead insurer to the co-insurer for the insurance services jointly supplied by the lead insurer and the co-insurer to the insured in coinsurance agreements, subject to the condition that the lead insurer pays the Central tax, the State tax, the Union territory tax and the integrated tax on the entire amount of premium paid by the insured. 10. Services by insurer to the reinsurer for which ceding commission or the reinsurance commission is deducted from reinsurance premium paid by the insurer to the reinsurer, subject to the condition that the Central tax, the State tax, the Union territory tax and the integrated tax is paid by the reinsurer on the gross reinsurance premium payable by the insurer to the reinsurer, inclusive of the said ceding commission or the reinsurance commission.]5 Explanation2[1]2.––For the purposes of paragraph 2, the term ―court ‖ includes District Court, High Court and Supreme Court. 3[1[Explanation 2.- For the purposes of 6[clause (a) of]6 paragraph 8, the expression ―warehoused goods‖ shall have the same meaning as assigned to it in the Customs Act, 1962 (Central Act 52 of 1962).]1]3 6[E xplanation 3.- For the purposes of clause (aa) of paragraph 8, the expressions "Special Economic Zone", "Free Trade Warehousing Zone" and "Domestic Tariff Area" shall have the same meanings respectively as assigned to them in section 2 of the Special Economic Zones Act, 2005 (Central Act No 28 of 2005).]6 The above translation of PÀ£ÁðlPÀ ¸ÀgÀPÀÄ ªÀÄvÀÄÛ ¸ÉêÉUÀ¼À vÉjUÉ C¢ü¤AiÀĪÀÄ, 2017 (2017gÀ PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ be published in the Official Gazette under clause (3) of Article 348 of the Constitution of ¸ÀASÉå:27) India. 1. Inserted by Act 03 of 2019 w.e.f. 01.02.2019. 2. Numbered by Act 03 of 2019 w.e.f. 01.02.2019. 3. Deemed to have been inserted with effect from 1st day of July, 2017 by Act 32 of 2023. 4. Substituted by Act 02 of 2024 w.e.f.01.10.2023. 5. Inserted by Act 02 of 2025 w.e.f. ……………………………. 6. Inserted by Act 43 of 2025 w.e.f. 01.07.2017. 140 VAJUBHAI VALA GOVERNOROF KARNATAKA By Order and in the name of the Governor of Karnataka, K. DWARAKANATH BABU Secretary to Government Department of Parliamentary Affairs RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ– IVA ¨ÉAUÀ¼ÀÆgÀÄ, §ÄzsÀªÁgÀ, dÆ£ï 28, 2017 (DµÁqsÀ 07, ±ÀPÀ ªÀµÀð 1939) £ÀA. 581 Part– IVA Bengaluru, Wednesday, June 28, 2017 (Ashada 07 Shaka Varsha 1939) No. 581  FINANCE SECRETARIAT OTIFICATION (1) NO. FD 47 CSL 2017, Bangalore, dated: 28.06.2017 In exercise of the powers conferred by sub-section (3) of section 1 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017), the Government of Karnataka hereby appoints the 28th day of June, 2017, as the date on which the provisions of sections 1,2,3,4,5,10,22,23,24,25,26,27,28,29,30,139,146 and 164 of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, K.S.PADMAVATHI Under Secretary to Government Finance Department (C.T.-1). 141 RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ– IVA ¨ÉAUÀ¼ÀÆgÀÄ, UÀÄgÀĪÁgÀ, dÆ£ï 29, 2017 (DµÁqsÀ 08, ±ÀPÀ ªÀµÀð 1939) £ÀA. 609 Part– IVA Bengaluru, Thrusday, June 29, 2017 (Ashada 08 Shaka Varsha 1939) No. 609  FINANCE SECRETARIAT NOTIFICATION (9/2017) NO. FD 47 CSL 2017, Bangalore, dated: 29.06.2017 In exercise of the powers conferred by sub-section (3) of section 1 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017), the Government of Karnataka hereby appoints the 1st day of July, 2017, as the date on which the provisions of sections 6 to 9,11,to 21, 31 to 41,42 except the proviso to sub-section (9) of section 42, 43 except the proviso to sub-section (9) of section 43,44 to 50,53 to 138,140 to 145, 147 to 163, 165 to 174 of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, K.S.PADMAVATHI Under Secretary to Government Finance Department (C.T.-1). 142 RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–I ¨ÉAUÀ¼ÀÆgÀÄ, ±ÀÄPÀæªÁgÀ, CPÉÆÖçgï 13, 2017 (D±ÀéAiÀÄÄd 21, ±ÀPÀ ªÀµÀð 1939) £ÀA. 944  Part–I Bengaluru, Friday, October 13, 2017 (Aashwayuja 21 Shaka Varsha 1939) No. 944 0 FINANCE SECRETARIAT No. FD 48 CSL 2017 Bengaluru, dated:13.10.2017. THE KARNATAKA GOODS AND SERVICES TAX (REMOVAL OF DIFFICULTIES) ORDER, 2017 Order No. 01/2017-State Tax Whereas, certain difficulties have arisen in giving effect to the provisions of the Karnataka Goods and Services TaxAct, 2017 (Karnataka Act 27 of 2017), hereinafter in this order referred to as the said Act, in so far as it relates to the provisions of section 10 of the said Act; Now, therefore, in exercise of the powers conferred by section 172 of the said Act, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, namely:- 1. This Order may be called the Karnataka Goods and Services Tax (Removal of Difficulties) Order, 2017. 2. For the removal of difficulties,- (1) it is hereby clarified that if a person supplies goods and/or services referred to in clause (b) of paragraph 6 of Schedule II of the said Act and also supplies any exempt services including services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, the said person shall not be ineligible for the composition scheme under section 10 subject to the fulfilment of all other conditions specified therein. (2) it is further clarified that in computing his aggregate turnover in order to determine his eligibility for composition scheme, value of supply of any exempt services including services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, shall not be taken into account. By Order and in the name of the Governor of Karnataka, K.S.PADMAVATHI Under Secretary to Government, Finance Department (C.T.-1). 143 RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, ¸ÉÆêÀĪÁgÀ, r¸AÉ §gï 31, 2018 (¥ÀĵÀå 10, ±ÀPÀ ªÀµÀð 1940) £ÀA. 1555  Part–IVA Bengaluru, Monday, December 31, 2018 (Pushya 10, Shaka Varsha 1940) No.1555 FINANCE SECRETARIAT ORDER NO.01/2018 No. FD 47 CSL 2017, Bengaluru, dated 31/12/2018 WHEREAS, sub-section (1) of Section 44 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year; AND WHEREAS, for the purpose of furnishing of the annual return electronically for every financial year as referred to in sub-section (1) of Section 44 of the said Act, the electronic system to be developed is at the advanced stage and is likely to be made st operational by the 31 January, 2019 as a result whereof, the said annual return for the st st period from the 1 July, 2017 to the 31 March, 2018 could not be furnished by the registered persons, as referred to in the said sub-section (1) and because of that, certain difficulties have arisen in giving effect to the provisions of the said section; NOW, THEREFORE, in exercise of the powers conferred by Section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely:–– 1. Short title.––This Order may be called the Karnataka Goods and Services Tax (Removal of Difficulties) Order, 2018. 2. In Section 44 of the Karnataka Goods and Services Tax Act, 2017, after sub- section (2), the following Explanation shall be inserted, namely:–– “Explanation.- For the purposes of this section, it is hereby declared that the annual st st return for the period from the 1 July, 2017 to the 31 March, 2018 shall be furnished on st or before the 31 March, 2019.”. By Order and in the name of the Governor of Karnataka, K.S. PADMAVATHI Under Secretary to Government, Finance Department [C.T.-1]. 144 RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, ¸ÉÆêÀĪÁgÀ, r¸AÉ §gï 31, 2018 (¥ÀĵÀå 10, ±ÀPÀ ªÀµÀð 1940) £ÀA. 1556  Part–IVA Bengaluru, Monday, December 31, 2018 (Pushya 10, Shaka Varsha 1940) No.1556 FINANCE SECRETARIAT ORDER NO.02/2018 No. FD 47 CSL 2017, Bengaluru, dated: 31/12/2018 WHEREAS, sub-section (4) of section 16 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that a registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoices or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier; AND WHEREAS, sub-section (3) of section 37 of the said Act provides that- Any registered person, who has furnished the details under sub-section (1) for any tax period and which have remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify such error or omission in such manner as may be prescribed, and shall pay tax and interest, if any, in case there is short payment of tax on account of such error or omission, in return to be furnished for such tax period: Provided that no rectification of error or omission in respect of the details furnished under sub- section (1) shall be allowed after furnishing of the return under section 39 for the month of September following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier; AND WHEREAS, the financial year 2017-18 was the first year of the implementation of the Goods and Services Tax in India and the taxpayers were still in the process of familiarising themselves with the new taxation system and due to lack of said familiarity- 145 (i) the registered persons eligible to avail input tax credit could not claim the same in terms of provisions of section 16 because of missing invoices or debit notes referred to sub-section (4) within the stipulated time; (ii) the registered persons could not rectify the error or omission in terms of provisions of sub-section (3) of section 37 within the stipulated time, as a result whereof certain difficulties have arisen in giving effects to the provisions of sub- section (4) of section 16 and sub-section (3) of section 37; NOW, THEREFORE, in exercise of the powers conferred by section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely:–– 1. Short title––This Order may be called the Karnataka Goods and Services Tax (Second Removal of Difficulties) Order, 2018.- 2. In sub-section (4) of section 16 of the said Act, the following proviso shall be inserted, namely: - “Provided that the registered person shall be entitled to take input tax credit after the due date of furnishing of the return under section 39 for the month of September, 2018 till the due date of furnishing of the return under the said section for the month of March, 2019 in respect of any invoice or invoice relating to such debit note for supply of goods or services or both made during the financial year 2017-18, the details of which have been uploaded by the supplier under sub-section (1) of section 37 till the due date for furnishing the details under sub-section (1) of said section for the month of March, 2019.”. 3. In sub-section (3) of section 37 of the said Act, after the existing proviso, the following proviso shall be inserted, namely: –– “Provided further that the rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after furnishing of the return under section 39 for the month of September, 2018 till the due date for furnishing the details under sub- section (1) for the month of March, 2019 or for the quarter January, 2019 to March, 2019.”. By Order and in the name of the Governor of Karnataka, K.S. PADMAVATHI Under Secretary to Government, Finance Department [C.T.-1]. 146 RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, ¸ÉÆêÀĪÁgÀ, r¸AÉ §gï 31, 2018 (¥ÀĵÀå 10, ±ÀPÀ ªÀµÀð 1940) £ÀA. 1557  Part–IVA Bengaluru, Monday, December 31, 2018 (Pushya 10, Shaka Varsha 1940) No.1557 FINANCE SECRETARIAT ORDER NO.03/2018 No. FD 47 CSL 2017, Bengaluru, dated 31/12/2018 WHEREAS, sub-section (1) of section 44 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year; AND WHEREAS, for the purpose of furnishing of the annual return electronically for every financial year as referred to in sub-section (1) of section 44 of the said Act, through the electronic system to be developed is at the advanced stage, it may likely to take some more time for being made operational as a result whereof, the said annual return for the period from the 1st July, 2017 to the 31st March, 2018 could not be furnished by the registered persons, as referred to in the said sub-section (1) and because of that, certain difficulties have arisen in giving effect to the provisions of the said section. NOW, THEREFORE, in exercise of the powers conferred by section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely:–– 1. Short title.––This Order may be called the Karnataka Goods and Services Tax (Third Removal of Difficulties) Order, 2018. 2. In section 44 of the Karnataka Goods and Services Tax Act, 2017, in the Explanation, for the figures, letters and word “31st March, 2019”, the figures, letters and word “30th June, 2019” shall be substituted. By Order and in the name of the Governor of Karnataka, K.S. PADMAVATHI Under Secretary to Government, Finance Department [C.T.-1]. 147 RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, ¸ÉÆêÀĪÁgÀ, r¸AÉ §gï 31, 2018 (¥ÀĵÀå 10, ±ÀPÀ ªÀµÀð 1940) £ÀA. 1558  Part–IVA Bengaluru, Monday, December 31, 2018 (Pushya 10, Shaka Varsha 1940) No.1558 FINANCE SECRETARIAT ORDER NO.04/2018 No. FD 47 CSL 2017, Bengaluru, dated 31/12/2018 WHEREAS, sub-section (4) of section 52 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that every operator who collects the amount specified in sub-section (1) shall furnish a statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under sub-section (1) during a month, in such form and manner as may be prescribed, within ten days after the end of such month; AND WHEREAS, certain operators, were unable to obtain registration because of technical issues being faced by them on the common portal but they collected the amount for the months of October, November and December 2018, as a result whereof, the statement under sub-section (4) of section 52 of the said Act could not be furnished and because of that certain difficulties have arisen in giving effect to the provisions of the said sub-section; NOW, THEREFORE, in exercise of the powers conferred by section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely: –– 1. Short title. ––This Order may be called the Karnataka Goods and Services Tax (Fourth Removal of Difficulties) Order, 2018. 2. In section 52 of the Karnataka Goods and Services Tax Act, 2017, in sub-section (4), the following Explanation shall be inserted, namely: –– “Explanation: - For the purposes of this sub-section, it is hereby declared that the due date for furnishing the said statement for the months of October, November and December, 2018 shall be the 31st January, 2019.”. By Order and in the name of the Governor of Karnataka, K.S. PADMAVATHI Under Secretary to Government, Finance Department [C.T.-1]. 148 RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, s UÀÄgÀĪÁgÀ, dįÉÊ 18, 2019 (DµÁqsÀ 27, ±ÀPÀ ªÀµÀð 1940) £ÀA. 594  Part–IVA Bengaluru, Thursday, July 18, 2019 (Ashada 27, Shaka Varsha 1940) No. 594 FINANCE SECRETARIAT CORRIGENDUM No. FD 47 CSL 2017, Bengaluru, dated: 18/07/2019 1. In the Government of Karnataka Removal of Difficulties Order No.01/2019, dated the 01st February, 2019, published in the Karnataka Gazette, Extraordinary, Part-IVA, No.85, dated the 01st February, 2019, - at page1, in line 18, for “Central” read “Karnataka”. 2. In the Government of Karnataka Removal of Difficulties Order No.05/2019, dated the 23rd April, 2019, published in the Karnataka Gazette, Extraordinary, Part-IVA, No.321, dated the 23rd April, 2019, - at page 2, in line 7, for “section (1)” read “ sub- section (1)”. By Order and in the name of the Governor of Karnataka, K. SAVITHRAMMA Under Secretary to Government, Finance Department [C.T.-1]. 149 FRNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, s±ÀÄPÀæªÁgÀ, ¥§sÉ æªÀj 1, 2019 (ªÀiÁWÀ 12, ±ÀPÀ ªÀµÀð 1940) £ÀA. 85  Part–IVA Bengaluru, Friday, February 1, 2019 (Magha 12, Shaka Varsha 1940) No. 85 FINANCE SECRETARIAT ORDER NO.01/2019 No. FD 47 CSL 2017, Bengaluru, dated 01/02/2019 WHEREAS, sub-section (1) of Section 10 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that- (i) a registered person engaged in the supply of services, other than supply of service referred to in clause (b) of paragraph 6 of Schedule II to the said Act, may opt for the scheme under the said sub-section; (ii) a person who opts for the said scheme may supply services (other than those referred to in clause (b) of paragraph 6 of Schedule II to the said Act), of value not exceeding ten per cent. of turnover in a State or Union territory in the preceding financial year or five lakh rupees, whichever is higher; AND WHEREAS, clause (a) of sub-section (2) of Section 10 of the said Act provides that the registered person shall be eligible to opt under sub-section (1), if, save as otherwise provided in sub-section(1), he is not engaged in the supply of services; AND WHEREAS, rendering of services as part of the savings and investment practice of business, by way of extending deposits, loans or advances, in so far as the consideration is represented by way of interest or discount, is resulting in their ineligibility for the aforesaid scheme, causing hardships to a lot of small businesses and because of that, certain difficulties have arisen in giving effect to the provisions of section 10; NOW, THEREFORE, in exercise of the powers conferred by Section 172 of the Central Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, namely: –– 1. Short title. ––This Order may be called the Karnataka Goods and Services Tax (Removal of Difficulties) Order, 2019. 2. For the removal of difficulties, it is hereby clarified that the value of supply of exempt services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, shall not be taken into account– (i) for determining the eligibility for composition scheme under second proviso to sub- section (1) of section 10; (ii) in computing aggregate turnover in order to determine eligibility for composition scheme. By Order and in the name of the Governor of Karnataka, NETRAPRABHA M.DHAYAPULE Under Secretary to Government (I/c), Finance Department [C.T.-1]. 150 FRNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, s±À¤ªÁgÀ, ¥§sÉ æªÀj 2, 2019 (ªÀiÁWÀ 13, ±ÀPÀ ªÀµÀð 1940) £ÀA. 87  Part–IVA Bengaluru, Saturday, February 2, 2019 (Magha 13, Shaka Varsha 1940) No. 87 FINANCE SECRETARIAT ORDER NO.02/2019 No. FD 47 CSL 2017, Bengaluru, dated 02/02/2019 WHEREAS, sub-section (4) of Section 52 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that every operator who collects the amount specified in sub-section (1) shall furnish a statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under sub-section (1) during a month, in such form and manner as may be prescribed, within ten days after the end of such month; AND WHEREAS, certain operators, were unable to obtain registration because of technical issues being faced by them on the common portal but they collected the amount for the months of October, November and December 2018, as a result whereof, the statement under sub section (4) of Section 52 of the said Act could not be furnished and because of that certain difficulties have arisen in giving effect to the provisions of the said sub- section;

NOW, THEREFORE, in exercise of the powers conferred by Section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely: –– 1. Short title. ––This Order may be called the Karnataka Goods and Services Tax (Second Removal of Difficulties) Order, 2019. 2. In Section 52 of the Karnataka Goods and Services Tax Act, 2017, in sub- section (4), in the Explanation, for the figures, letters and word “31st January, 2019”, the figures, letters and word “7th February, 2019” shall be substituted. By Order and in the name of the Governor of Karnataka, NETRAPRABHA M.DHAYAPULE Under Secretary to Government (I/c), Finance Department [C.T.-1]. 151 FRNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, s±ÀÄPÀæªÁgÀ, ªÀiÁZïð 8, 2019 (¥sÁ®ÄÎt 17, ±ÀPÀ ªÀµÀð 1940) £ÀA. 234  Part–IVA Bengaluru, Friday, March 8, 2019 (Palguna 17, Shaka Varsha 1940) No. 234 FINANCE SECRETARIAT ORDER NO. 03/2019 No. FD 47 CSL 2017, Bengaluru, dated: 08/03/2019 REMOVAL OF DIFFICULTY Whereas, clause (c) of sub-section (3) of Section 31 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereinafter referred to as the said Act) provides that a registered person supplying exempted goods or services or both or paying tax under the provisions of Section 10 shall issue, instead of a tax invoice, a bill of supply, and therefore any person not covered by the said clause has to issue a tax invoice; Now, Therefore, in exercise of the powers conferred by Section 172 of the said Act, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely: –– 2. Short title. ––This Order may be called the Karnataka Goods and Services Tax (Third Removal of Difficulties) Order, 2019. 3. For the removal of difficulties, it is hereby clarified that provisions of clause (c) of sub- section (3) of Section 31 of the said Act shall apply to a person paying tax under Notification (02/2019) No.FD 48 CSL 2017, dated: 07.03.2019. By Order and in the name of Governor of Karnataka, NETRAPRABHA M.DHAYAPULE Under Secretary to Government (I/c), Finance Department [C.T.-1]. 152 FRNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, ±À¤ªÁgÀ, ªÀiÁZïð 30, 2019 (ZÉÊvÀæ 09, ±ÀPÀ ªÀµÀð 1940) £ÀA. 262  Part–IVA Bengaluru, Saturday, March 30, 2019 (Chitra 09, Shaka Varsha 1940) No. 262 FINANCE SECRETARIAT REMOVAL OF DIFFICULTY ORDER No. 04/2019 No. FD 47 CSL 2017, Bengaluru, dated: 29.03.2019 Whereas, sub-section (2) of section 17 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereinafter in this order referred to as the “said Act”) provides that the input tax credit shall be restricted to so much of input tax as is attributable to the taxable supplies; and Whereas sub-section (3) of section 17 of said Act provides that the value for the purpose of sub-section (2) of section 17 of the said Act shall be as prescribed; Now, therefore, in exercise of the powers conferred by section 172 of the said Act, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, namely:- 1. Short title. -- This Order may be called the Karnataka Goods and Services Tax (Fourth Removal of Difficulties) Order, 2019. 2. For the removal of difficulties, it is hereby clarified that in case of supply of services covered by item (b) of para 5 of Schedule II of the said Act, the amount of credit attributable to the taxable supplies including zero rated supplies and exempt supplies shall be determined on the basis of the area of the construction of the complex, building, civil structure or a part thereof, which is taxable and the area which is exempt. 3. This Order shall come into force with effect from the 1st day of April, 2019. By Order and in the name of the Governor of Karnataka, NETRAPRABHA M.DHAYAPULE Under Secretary to Government (I/c), Finance Department [C.T-1]. 153 FRNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, ªÀÄAUÀ¼ÀªÁgÀ, K¦æ¯ï 23, 2019 (ªÉʱÁR 3, ±ÀPÀ ªÀµÀð 1940) £ÀA. 321  Part–IVA Bengaluru, Tuesday, April 23, 2019 (Vaisakha 3, Shaka Varsha 1940) No. 321 FINANCE SECRETARIAT ORDER NO.05/2019 No. FD 47 CSL 2017, Bengaluru, dated: 23/04/2019 REMOVAL OF DIFFICULTY WHEREAS, sub-section (2) of section 29 of the Karnataka Goods and Services Tax Act, 2017 (hereinafter referred to as the „KGST Act‟) provides for cancellation of registration by proper officer in situations described in clause (a) to clause (e) as under: - (a) a registered person has contravened such provisions of the Act or the rules made there under as may be prescribed; or (b) a person paying tax under section 10 has not furnished returns for three consecutive tax periods; or (c) any registered person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months; or (d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or (e) registration has been obtained by means of fraud, will ful misstatement or suppression of facts: Provided that the proper officer shall not cancel the registration without giving the person an opportunity of being heard. AND WHEREAS, sub-section (1) of section 169 of the KGST Act provides for service of notice (opportunity of being heard); clause (c) and (d) of said sub-section are as under: - ………. (c) by sending a communication to his e-mail address provided at the time of registration or as amended from time to time; or (d) by making it available on the common portal; or ……… AND WHEREAS, sub-section (1) of Section 30 provides for revocation of cancellation of the registration within thirty days from the date of service of the cancellation order. AND WHEREAS, sub-section (1) of section 107 of the KGST Act provides for filing appeal by any person aggrieved by any decision or order passed by an adjudicating authority within three months from the date on which the said decision or order is communicated to such person and sub-section (4) of section 107 of the KGST Act empowers the Appellate Authority that it may, if he is satisfied that the appellant was prevented by 154 sufficient cause from presenting the appeal within the aforesaid period of three months, allow it to be presented within a further period of one month. AND WHEREAS, a large number of registrations have been cancelled under sub- section (2) of section 29 of the KGST Act by the proper officer by serving notices as per clause (c) and clause (d) of sub-section (1) of section 169 of the KGST Act and the period of thirty days provided for revocation of cancellation order in sub-section (1) of section 30 of the KGST Act, the period for filing appeal under section (1) of section 107 of the KGST Act and also the period of condoning the delay provided in sub-section (4) of Section 107 of the KGST Act has elapsed; the registered persons whose registrations have been cancelled under sub-section (2) of section 29 of the KGST Act are unable to get their cancellation of registration revoked despite having fulfilled all the requirements for revocation of cancellation of registration. GST being a new Act, these taxpayers were not familiar with the manner of service of notice by e-mail or making available at portal in comparison to earlier regime where manual service of notice was provided, as a result whereof certain difficulties have arisen in giving effects to the provisions of sub-section (1) of section 30 of the KGST Act; NOW, THEREFORE, in exercise of the powers conferred by section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely: –– Short title.–This Order may be called the Karnataka, Goods and Services Tax (Fifth Removal of Difficulties) Order, 2019.- In sub-section (1) of section 30 of the said Act, the following proviso shall be inserted, namely: - “Provided that the registered person who was served notice under sub-section (2) of section 29 in the manner as provided in clause (c) or clause (d) of sub-section (1) of section 169 and who could not reply to the said notice, thereby resulting in cancellation of his registration certificate and is hence unable to file application for revocation of cancellation of registration under sub-section (1) of section 30 of the Act, against such order passed up to 31.03.2019, shall be allowed to file application for revocation of cancellation of the registration not later than 22/07/2019.”. By Order and in the name of the Governor of Karnataka, NETRAPRABHA M.DHAYAPULE Under Secretary to Government (I/c), Finance Department [C.T.-1]. 155 FRNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, s ±À¤ªÁgÀ, dÆ£ï 29, 2019 (DµÁqsÀ 8, ±ÀPÀ ªÀµÀð 1940) £ÀA. 538  Part–IVA Bengaluru, Saturday, June 29, 2019 (Ashada 8, Shaka Varsha 1940) No. 538 FINANCE SECRETARIAT ORDER NO.06/2019 No. FD 47 CSL 2017, Bengaluru, dated 29/06/2019 REMOVAL OF DIFFICULTY WHEREAS, sub-section (1) of Section 44 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that every registered person, other than an Input Service Distributor, a person paying tax under Section 51 or Section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year; AND WHEREAS, for the purpose of furnishing of the annual return electronically for every financial year as referred to in sub-section (1) of Section 44 of the said Act, certain technical problems are being faced by the tax payers as a result whereof, the said annual return for the period from the 1st July, 2017 to the 31st March, 2018 could not be furnished by the registered persons, as referred to in the said sub-section (1) and because of that, certain difficulties have arisen in giving effect to the provisions of the said section. NOW, THEREFORE, in exercise of the powers conferred by Section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely:–– 1. Short title.––This Order may be called the Karnataka Goods and Services Tax (Sixth Removal of Difficulties) Order, 2019. 2. In Section 44 of the Karnataka Goods and Services Tax Act, 2017, in the Explanation, for the figures, letters and word “30th June, 2019”, the figures, letters and word “31st August, 2019” shall be substituted. By Order and in the name of the Governor of Karnataka, K. SAVITHRAMMA Under Secretary to Government, Finance Department [C.T.-1] 156 FRNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, s §ÄzsÀªÁgÀ, ¸É¥ÉÖA§gï 04, 2019 (¨sÁzÀæ¥ÀzÀ 13, ±ÀPÀ ªÀµÀð 1940) £ÀA. 742  Part–IVA Bengaluru, Wednesday, September 04, 2019 (Bhadrapada 13, Shaka Varsha 1940) No. 742 FINANCE SECRETARIAT ORDER NO.07/2019 No. FD 47 CSL 2017, Bengaluru, dated: 04/09/2019 REMOVAL OF DIFFICULTIES WHEREAS, sub-section (1) of Section 44 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that every registered person, other than an Input Service Distributor, a person paying tax under Section 51 or Section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year; AND WHEREAS, for the purpose of furnishing of the annual return electronically for every financial year as referred to in sub-section (1) of Section 44 of the said Act, certain technical problems are being faced by the tax payers as a result whereof, the said annual return for the period from the 1st July, 2017 to the 31st March, 2018 could not be furnished by the registered persons, as referred to in the said sub-section (1) and because of that, certain difficulties have arisen in giving effect to the provisions of the said Section. NOW, THEREFORE, in exercise of the powers conferred by Section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely:–– 1. Short title.––This Order may be called the Karnataka Goods and Services Tax (Seventh Removal of Difficulties) Order, 2019. 2. In Section 44 of the Karnataka Goods and Services Tax Act, 2017, in the Explanation, for the figures, letters and word “31st August, 2019”, the figures, letters and word “30th November, 2019” shall be substituted. By Order and in the name of the Governor of Karnataka, K. SAVITHRAMMA Under Secretary to Government, Finance Department [C.T.-1]. 157 RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, ªÀÄAUÀ¼ÀªÁgÀ, £ÀªÉA§gï 26, 2019 (ªÀiÁUÀð²gÀ 5, ±ÀPÀ ªÀµÀð 1940) £ÀA. 1006  Part–IVA Bengaluru, Tuesday, November 26, 2019 (Margashira 5, Shaka Varsha 1940) No. 1006 FINANCE SECRETARIAT ORDER NO.08/2019 No. FD 47 CSL 2017, Bengaluru, dated: 26/11/2019 REMOVAL OF DIFFICULTIES WHEREAS, sub-section (1) of Section 44 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that every registered person, other than an Input Service Distributor, a person paying tax under Section 51 or Section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year; AND WHEREAS, for the purpose of furnishing of the annual return electronically for every financial year as referred to in sub-section (1) of Section 44 of the said Act, certain technical problems are being faced by the tax payers as a result whereof, the said annual return for the period from the 1st July, 2017 to the 31st March, 2018 and for the period from 1st April, 2018 to the 31st March, 2019 could not be furnished by the registered persons, as referred to in the said sub-section (1) and because of that, certain difficulties have arisen in giving effect to the provisions of the said Section. NOW, THEREFORE, in exercise of the powers conferred by Section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely:–– 1. Short title.––This Order may be called the Karnataka Goods and Services Tax (Eighth Removal of Difficulties) Order, 2019. 2. For the Explanation in Section 44 of the Karnataka Goods and Services Tax Act, 2017, the following Explanation shall be substituted, namely: – “Explanation.- For the purposes of this Section, it is hereby declared that the annual return for the period from the 1stJuly, 2017 to the 31st March, 2018 shall be furnished on or before the 31st December, 2019 and the annual return for the period from the 1st April, 2018 to the 31st March, 2019 shall be furnished on or before the 31st March, 2020. ”. By Order and in the name of the Governor of Karnataka, K. SAVITHRAMMA Under Secretary to Government, Finance Department [C.T.-1]. 158 RNI No. KARBIL/2001/47147 PÀ£ÁðlPÀ gÁdå¥ÀvÀæ C¢üPÀÈvÀªÁV ¥ÀæPnÀ ¸À¯ÁzÀÄzÀÄ «±ÉõÀ gÁdå ¥ÀwæPÉ ¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, ±À¤ªÁgÀ, r¸AÉ §gï 7, 2019 (ªÀiÁUÀð²gÀ 16, ±ÀPÀ ªÀµÀð 1940) £ÀA. 1044  Part–IVA Bengaluru, Saturday, December 7, 2019 (Margashira 16, Shaka Varsha 1940) No. 1044 FINANCE SECRETARIAT ORDER NO.09/2019 No. FD 47 CSL 2017, Bengaluru, dated: 07/12/2019 REMOVAL OF DIFFICULTIES WHEREAS, sub-section (1) of Section 112 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereafter in this Order referred to as the said Act) provides that any person aggrieved by an order passed against him under Section 107 or Section 108 of this Act or the Central Goods and Services Tax Act may appeal to the Appellate Tribunal against such order within three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal; AND WHEREAS, sub-section (3) of Section 112 of the said Act provides that the Commissioner may, on his own motion, or upon request from the Commissioner of central tax, call for and examine the record of any order passed by the Appellate Authority or the Revisional Authority under this Act or the Central Goods and Services Tax Act for the purpose of satisfying himself as to the legality or propriety of the said order and may, by order, direct any officer subordinate to him to apply to the Appellate Tribunal within six months from the date on which the said order has been passed for determination of such points arising out of the said order as may be specified by the Commissioner in his order; AND WHEREAS, Section 109 of the said Act provides for the constitution of Goods and Services Tax Appellate Tribunal and Benches thereof; AND WHEREAS, for the purpose of filing the appeal or application as referred to in sub-section (1) or sub-section (3) of Section 112 of the said Act, as the case may be, the Appellate Tribunal and its Benches is yet to be constituted in the State under Section 109 of the said Act as a result whereof, the said appeal or application could not be filed within the time limit specified in the said sub-sections, and because of that, certain difficulties have arisen in giving effect to the provisions of the said Section; NOW, THEREFORE, in exercise of the powers conferred by Section 172 of the Karnataka Goods and Services Tax Act, 2017, the Government of Karnataka, on recommendations of the Council, hereby makes the following Order, to remove the difficulties, namely:–– 1. Short title.––This Order may be called the Karnataka Goods and Services Tax (Ninth Removal of Difficulties) Order, 2019. 2. For the removal of difficulties, it is hereby clarified that for the purpose of calculating,- 159 (a) the “three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal” in sub-section (1) of Section 112, the start of the three months period shall be considered to be the later of the following dates:- (i) date of communication of order; or (ii) the date on which the President or the State President, as the case may be, of the Appellate Tribunal after its constitution under Section 109, enters office; (b) the “six months from the date on which the said order has been passed” in sub-section (3) of Section 112, the start of the six months period shall be considered to be the later of the following dates:- (i) date of communication of order; or (ii) the date on which the President or the State President, as the case may be, of the Appellate Tribunal after its constitution under Section 109, enters office. By Order and in the name of the Governor of Karnataka, K. SAVITHRAMMA Under Secretary to Government, Finance Department [C.T.-1]. 160 KARNATAKA ACT NO. 23 OF 2019 (First Published in the Karnataka Gazette Extra-ordinary on the 22nd Day of October 2019) THE KARNATAKA GOODS AND SERVICES TAX (AMENDMENT) ACT, 2019 (Received the assent of the Governor on the 21st day of October 2019) An Act further to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017). Whereas it is expedient further to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Seventieth 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, 2019. (2) Save as otherwise provided, the provisions of this Act shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. Sections 2, 10, 22, 25, 31A, 39, 44, 49, 50, 52, 53A, 54, 95, 101A, 101B, 101C, 102, 103, 104, 105, 106 and 171 are incorporated in the Principal Act. 22. Amendment of Notification (2/2017) No. FD 48 CSL 2017 issued under sub- section (1) of section 11 of the principal Act, retrospectively.- (1) In the Government of Karnataka Notification (2/2017) No. FD 48 CSL 2017, dated the 29th June, 2017, issued by the Government of Karnataka on the recommendations of the Council, under sub-section (1) of section 11 of the Karnataka 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 be 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 Government of Karnataka 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 Government of Karnataka 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. The above translation of PÀ£ÁðlPÀ ¸ÀgÀPÀÄ ªÀÄvÀÄÛ ¸ÉêÉUÀ¼À vÉjUÉ (wzÀÄÝ¥Àr) C¢ü¤AiÀĪÀÄ, 2019 (2019gÀ be published in the official Gazette under clause (3) of Article 348 PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå:23) of the Constitution of India. VAJUBHAI VALA GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, K. DWARAKANATH BABU Secretary to Government Department of Parliamentary Affairs 161 GOVERNMENT OF KARNATAKA No. FD 03 CSL 2020 Karnataka Government Secretariat Vikasa Soudha. Bangalore, Dated: 07/01/2020 NOTIFICATION (01/2020) In exercise of the power conferred by sub-section (2) of section 1 of the Karnataka Goods and Services (Amendment) Act, 2019 (Karnataka Act 23 of 2019), the Government of Karnataka hereby appoints the 1st day of January, 2020, as the date on which the provisions of Sections-2 to 21, except Section 2, Section 7, Section 10 and Sections 13 to 20 of the Karnataka Goods and Services Tax (Amendment) Act, 2019 (Karnataka Act 23 of 2019), shall come into force. By order and in the Name of the Governor of Karnataka (K.SAVITHARAMMA) Under Secretary to Government, Finance Department (C.T.-1). 162 KARNATAKA ACT NO. 20 OF 2020 (First published in the Karnataka Gazette Extra-ordinary on the 15th day of October 2020) THE KARNATAKA GOODS AND SERVICES TAX (AMENDMENT) ACT, 2020 (Received the assent of the Governor on the 14th day of October, 2020) An Act further to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 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 Karnataka State Legislature in the Seventy first 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, 2020. (2) Save as otherwise provided, the provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint: Provided that, different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Sections 2, 10, 16, 29, 30, 31, 51, 122, 132, 140, 168A, 172 and Sehedule II are incorporated in the Principal Act. 15. Amendment of Notification (01/2017) No. FD 48 CSL 2017 issued under sub- section (1) of section 9 of the principal Act, retrospectively.- (1) Notwithstanding anything contained in the Government of Karnataka Notification (01/2017)No. FD 48 CSL 2017, dated the 29th June, 2017, issued by the Government of Karnataka, on the recommendations of the Council, in exercise of the powers under sub-section (1) of section 9 of the Karnataka Goods and Services Tax Act, 2017,- (a) No State tax shall be levied or collected in respect of supply of fishmeal (falling under heading 2301), during the period commencing from the 1st day of July, 2017 and ending with the 30th day of September, 2019 (both days inclusive). (b) State tax at the rate of six percent shall be levied or collected in respect of supply of pulley, wheels and other parts (falling under heading 8483) and used as parts of agricultural machinery (falling under headings 8432, 8433 and 8436), during the period commencing from the 1st day of July, 2017 and ending with the 31st day of December, 2018 (both days inclusive). (2) No refund shall be made of all such tax which has been collected, but which would not have been so collected, had sub-section (1), been in force at all material times. 16. Repeal and savings.-(1) The Karnataka Goods and Services Tax (Amendment) Ordinance, 2020 (Karnataka Ordinance No.5 of 2020) is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. 163 The above translation of ಕರ್ನಾಟಕ ಸರಕು ಮತ್ತು ಸೇವೆಗಳ ತೆರಿಗೆ (ತಿದ್ಧು ಪಡಿ) ಅಧಿನಿಯಮ, 2020 (2020ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ 20) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India VAJUBHAI VALA GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, (K. DWARAKANATA BABU) Secretary to Government Department of Parliamentary Affairs And Legislation GOVERNMENT OF KARNATAKA No.FD 03 CSL 2020 Karnataka Government Secretariat Vikasa Soudha. Bangalore, Dated: 11/11/2020 NOTIFICATION (41/2020) In exercise of the power conferred by sub-section (2) of section 1 of the Karnataka Goods and Services Tax (Amendment) Act, 2020 (Karnataka Act 20 of 2020), (hereafter in this Notification referred to as the said Act), the Government of Karnataka hereby appoints the 18th day of May, 2020, as the date on which the provisions of Section 11 of the said Act, shall come into force. By order and in the name of the Governor of Karnataka (K.SAVITHARAMMA) Under Secretary to Government, Finance Department (C.T.-1). 164 GOVERNMENT OF KARNATAKA No.FD 03 CSL 2020 Karnataka Government Secretariat Vikasa Soudha. Bangalore, Dated: 11/11/2020 NOTIFICATION (42/2020) In exercise of the power conferred by sub-section (2) of section 1 of the Karnataka Goods and Services Tax (Amendment) Act, 2020 (Karnataka Act 20 of 2020), (hereafter in this Notification referred to as the said Act), the Government of Karnataka hereby appoints the 30th day of June, 2020, as the date on which the provisions of Sections 2 and 13 of the said Act, shall come into force. By order and in the name of the Governor of Karnataka (K.SAVITHARAMMA) Under Secretary to Government, Finance Department (C.T.-1). GOVERNMENT OF KARNATAKA No. FD 03 CSL 2020 Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, dated: 30/12/2020 NOTIFICATION (49/2020) In exercise of the powers conferred by sub-section (2) of Section 1 of the Karnataka Goods and Services Tax (Amendment) Act, 2020 (Karnataka Act 20 of 2020) (hereinafter referred to as the said Act), the Government of Karnataka hereby appoints the 1st day of January, 2021, as the date on which the provisions of sections 3,4,5,6,7,8,9,10, and 14 of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, (K. SAVITHRAMMA) Under- Secretary to Government, Finance Department (C.T.-1) 165 KARNATAKA ACT NO.39 OF 2021 (First Published in the Karnataka Gazette Extra-ordinary on the 11th day of October 2021) THE KARNATAKA GOODS AND SERVICES TAX (AMENDMENT) ACT, 2021 (Received the assent of the Governor on the 11th day of October,2021) An Act further to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 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 Karnataka State Legislature in the Seventy second 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, 2021. (2) Save as otherwise provided, the provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint: Provided that, different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Amendment of section 7.- In the Karnataka Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act), in section 7, in sub-section (1), after clause (a), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 2017, namely:- “(aa) the activities or transactions, by a person, other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable consideration. 166 Explanation.- For the purposes of this clause, it is hereby clarified that, notwithstanding anything contained in any other law for the time being in force or any judgement, decree or order of any Court, tribunal or authority, the person and its members or constituents shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another;”. 3. Amendment of section 16.- In section 16 of the principal Act, in sub- section (2), after clause (a), the following clause shall be inserted, namely:- “(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specified under section 37;”. 4. Amendment of section 35.- In section 35 of the principal Act, sub- section (5) shall be omitted. 5. Substitution of new section for section 44.- For section 44 of the principal Act, the following section shall be substituted, namely:- “44. Annual return.- Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self- certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner as may be prescribed: Provided that the Commissioner may, on the recommendations of the Council, by notification, exempt any class of registered persons from filing annual return under this section: 167 Provided further that nothing contained in this section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.”. 6. Amendment of section 50.- In section 50 of the principal Act, in sub-section (1), for the proviso, the following proviso shall be substituted and shall be deemed to have been substituted with effect from the 1st day of July, 2017, namely:- “Provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger.”. 7. Amendment of section 74.- In section 74 of the principal Act, in Explanation 1, in clause (ii), for the words and figures “sections 122, 125, 129 and 130”, the words and figures “sections 122 and 125” shall be substituted. 8. Amendment of section 75.- In section 75 of the principal Act, in sub-section (12), the following Explanation shall be inserted, namely:- „Explanation.- For the purposes of this sub-section, the expression “self-assessed tax” shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39.‟. 9. Amendment of section 83.- In section 83 of the principal Act, for sub- section (1), the following sub-section shall be substituted, namely:- “(1) Where, after the initiation of any proceeding under Chapter XII, Chapter XIV or Chapter XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the 168 Government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specified in sub-section (1A) of section 122, in such manner as may be prescribed.”. 10. Amendment of section 107.- In section 107 of the principal Act, in sub-section (6), the following proviso shall be inserted, namely:- “Provided that no appeal shall be filed against an order under sub- section (3) of section 129, unless a sum equal to twenty-five per cent. of the penalty has been paid by the appellant.”. 11. Amendment of section 129.- In section 129 of the principal Act,- (i) in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:- “(a) on payment of penalty equal to two hundred per cent. of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent. of the value of goods or twenty- five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such penalty; (b) on payment of penalty equal to fifty per cent. of the value of the goods or two hundred per cent. of the tax payable on such goods, whichever is higher, and in case of exempted goods, on payment of an amount equal to five per cent. of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods does not come forward for the payment of such penalty;”; (ii) sub-section (2) shall be omitted; (iii) for sub-section (3), the following sub-section shall be substituted, namely:- “(3) The proper officer detaining or seizing goods or conveyance shall issue a notice within seven days of such detention or seizure, specifying the penalty payable, and thereafter, pass an order within a period of seven days from the date of service of 169 such notice, for payment of penalty under clause (a) or clause (b) of sub-section (1).”; (iv) in sub-section (4), for the words “No tax, interest or penalty”, the words “No penalty” shall be substituted; (v) for sub-section (6), the following sub-section shall be substituted, namely:- “(6) where the person transporting any goods or the owner of such goods fails to pay the amount of penalty under sub-section(1) within fifteen days from the date of receipt of the copy of the order passed under sub-section (3), the goods or conveyance so detained or seized shall be liable to be sold or disposed of otherwise, in such manner and within such time as may be prescribed, to recover the penalty payable under sub- section (3): Provided that the conveyance shall be released on payment by the transporter of penalty under sub-section (3) or one lakh rupees, whichever is less: Provided further that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of fifteen days may be reduced by the proper officer.”. 12. Amendment of section 130.-In section 130 of the principal Act,- (a) in sub-section (1), for the words “Notwithstanding anything contained in this Act, if ”, the word “Where” shall be substituted; (b) in sub-section (2), in the second proviso, for the words, brackets and figures “amount of penalty leviable under sub-section (1) of section 129”, the words “penalty equal to hundred per cent. of the tax payable of such goods” shall be substituted; (c) sub-section (3) shall be omitted. 13. Substitution of new section for section 151.- For section 151 of the principal Act, the following section shall be substituted, namely:- “151. Power to call for information.-The Commissioner or an officer authorized by him may, by an order, direct any person to furnish 170 information relating to any matter dealt with in connection with this Act, within such time, in such form, and in such manner, as may be specified therein.”. 14. Amendment of section 152.-In section 152 of the principal Act,- (a) in sub-section(1),- (i) the words “of any individual return or part thereof ” shall be omitted; (ii) after the words “any proceedings under this Act”, the words “without giving an opportunity of being heard to the person concerned” shall be inserted; (b) sub-section (2) shall be omitted. 15. Amendment to Schedule II.- In Schedule II of the principal Act, paragraph 7 shall be omitted and shall be deemed to have been omitted with effect from the 1st day of July, 2017. The above translation of ಕರ್ನಾಟಕ ಸರಕು ಮತ್ತು ಸೇವೆಗಳ ತೆರಿಗೆ (ತಿದ್ದು ಪಡಿ) ಅಧಿನಿಯಮ, 2021 (2021 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ : 39) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. 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 171 GOVERNMENT OF KARNATAKA No. FD 16 CSL 2021 Karnataka Government Secretariat, Vidhana Soudh, Bengaluru, dated: 27.10.2021. NOTIFICATION (21/2021) In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Goods and Services Tax (Amendment) Act, 2021 (Karnataka Act No. 39 of 2021), the Government of Karnataka hereby appoints the 1st day of August, 2021, as the date on which the provisions of sections 4 and 5 of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, (KAVITHA. L) Under Secretary to Government, Finance Department (C.T-1) 172 GOVERNMENT OF KARNATAKA No. FD 16 CSL 2021 Karnataka Government Secretariat, Vidhana Soudh, Bengaluru, dated: 31.12.2021. NOTIFICATION (23/2021) In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Goods and Services Tax (Amendment) Act, 2021 (Karnataka Act No. 39 of 2021), the Government of Karnataka hereby appoints the 1st day of January, 2022, as the date on which the provisions of sections 2,3 and 7 to 15 of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, (KAVITHA . L) Under Secretary to Government, Finance Department(C.T-1) KARNATAKA ACT NO. 36 OF 2022 (First Published in the Karnataka Gazette Extra-ordinary on the18thday of October 2022) THE KARNATAKA GOODS AND SERVICES TAX (AMENDMENT) ACT, 2022 (Received the assent of the Governor on the17thday of October,2022) An Act further to amend the Karnataka Goods and Services Tax Act, 2017(Karnataka Act 27 of 2017). Be it enacted by Legislature of Karnataka in the Seventy-third 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, 2022. (2) Save as otherwise provided, the provisions of this Act shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. 173 2. Amendment of section 16.- In the Karnataka Goods and Services Tax Act, 2017(hereinafter referred to as the principal Act), in section 16,- (a) in sub-section (2),- (i) after clause (b), the following clause shall be inserted, namely:- “(ba) the details of input tax credit in respect of the said supply communicated to such registered person under section 38 has not been restricted;”; (ii) in clause (c), the words, figures and letter “or section 43A” shall be omitted; (b) in sub-section (4), for the words and figures “due date of furnishing of the return under section 39 for the month of September”, the words “thirtieth day of November” shall be substituted. 3. Amendment of section 29.- In section 29 of the principal Act, in sub-section(2),- (a) in clause (b), for the words “returns for three consecutive tax periods”, the words “the return for a financial year beyond three months from the due date of furnishing the said return” shall be substituted; (b) in clause (c), for the words “a continuous period of six months”, the words “such continuous tax period as may be prescribed” shall be substituted. 4. Amendment of section 34.- In section 34 of the principal Act, in sub-section (2), for the word “September”, the words “the thirtieth day of November” shall be substituted. 5. Amendment of section 37.- In section 37 of the principal Act,- (a) in sub-section(1),- (i) after the words “shall furnish, electronically,”, the words “subject to such conditions and restrictions and” shall be inserted; (ii) for the words “shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed”, the words “shall, subject to such conditions and restrictions, within such time and in such manner as may be prescribed, be communicated to the recipient of the said supplies” shall be substituted; (iii) the first proviso shall be omitted; (iv) in the second proviso, for the words “Provided further that”, the words “Provided that” shall be substituted; (v) in the third proviso, for the words “Provided also that”, the words “Provided further that” shall be substituted; (b) sub-section (2) shall be omitted; (c) in sub-section (3),- (i) the words and figures “and which have remained unmatched under section 42 or section 43” shall be omitted; (ii) in the first proviso, for the words and figures “furnishing of the return under section 39 for the month of September”, the words “the thirtieth day of November” shall be substituted; 174 (d) after sub-section (3), the following sub-section shall be inserted, namely:- “(4) A registered person shall not be allowed to furnish the details of outward supplies under sub-section(1) for a tax period, if the details of outward supplies for any of the previous tax periods has not been furnished by him: 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 under sub-section (1), even if he has not furnished the details of outward supplies for one or more previous tax periods.”. 6. Substitution of section 38.- For section 38 of the principal Act, the following section shall be substituted, namely:- “38.Communication of details of inward supplies and input tax credit.- (1) The details of outward supplies furnished by the registered persons under sub-section (1) of section 37 and of such other supplies as may be prescribed, and an auto-generated statement containing the details of input tax credit shall be made available electronically to the recipients of such supplies in such form and manner, within such time, and subject to such conditions and restrictions as may be prescribed. (2) The auto-generated statement under sub-section (1) shall consist of- (a) details of inward supplies in respect of which credit of input tax may be available to the recipient; and (b) details of supplies in respect of which such credit cannot be availed, whether wholly or partly, by the recipient, on account of the details of the said supplies being furnished under sub-section (1) of section 37,- (i) by any registered person within such period of taking registration as may be prescribed; or (ii) by any registered person, who has defaulted in payment of tax and where such default has continued for such period as may be prescribed; or (iii) by any registered person, the output tax payable by whom in accordance with the statement of outward supplies furnished by him under the said sub-section during such period, as may be prescribed, exceeds the output tax paid by him during the said period by such limit as may be prescribed; or (iv) by any registered person who, during such period as may be prescribed, has availed credit of input tax of an amount that exceeds the credit that can be availed by him in accordance with clause (a), by such limit as may be prescribed; or (v) by any registered person, who has defaulted in discharging his tax liability in accordance with the provisions of sub-section (12) of section 49 subject to such conditions and restrictions as may be prescribed; or (vi) by such other class of persons as may be prescribed.”. 7. Amendment of section 39.- In section 39 of the principal Act,- 175 (a) in sub-section (5), for the word “twenty”, the word “thirteen” shall be substituted; (b) in sub-section (7), for the first proviso, the following proviso shall be substituted, namely:- “Provided that every registered person furnishing return under the proviso to sub-section (1) shall pay to the Government, in such form and manner, and within such time, as may be prescribed,- (c) an amount equal to the tax due taking into account inward and outward supplies of goods or services or both, input tax credit availed, tax payable and such other particulars during a month; or (d) in lieu of the amount referred to in clause (a), an amount determined in such manner and subject to such conditions and restrictions as may be prescribed.”; (c) in sub-section (9),- (i) for the words and figures “Subject to the provisions of sections 37 and 38, if”, the word “Where” shall be substituted; (ii) in the proviso, for the words “the due date for furnishing of return for the month of September or second quarter”, the words “the thirtieth day of November” shall be substituted; (d) in sub-section (10), for the words “has not been furnished by him”, the following shall be substituted, namely:- “or the details of outward supplies under sub-section (1) of section 37 for the said tax period has not been furnished by him: 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, even if he has not furnished the returns for one or more previous tax periods or has not furnished the details of outward supplies under sub-section (1) of section 37 for the said tax period.”. 8.

Substitution of section 41.-For section 41 of the principal Act, the following section shall be substituted, namely:- “41.Availment of input tax credit.- (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed, be entitled to avail the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited to his electronic credit ledger. (2) The credit of input tax availed by a registered person under sub- section (1) in respect of such supplies of goods or services or both, the tax payable whereon has not been paid by the supplier, shall be reversed along with applicable interest, by the said person in such manner as may be prescribed: Provided that where the said supplier makes payment of the tax payable in respect of the aforesaid supplies, the said registered person may re-avail the amount of credit reversed by him in such manner as may be prescribed.”. 9. Omission of sections 42, 43 and 43A.- Sections 42, 43 and 43A of the principal Act shall be omitted. 10. Amendment of section 47.- In section 47of the principal Act, in sub-section(1),- 176 (a) the words “or inward” shall be omitted; (b) the words and figures “or section 38” shall be omitted; (c) after the words and figures “section 39 or section 45”, the words and figures “or section 52” shall be inserted. 11. Amendment of section 48.- In section 48 of the principal Act, in sub-section (2), the words and figures “, the details of inward supplies under section 38” shall be omitted. 12. Amendment of section 49.- In section 49 of the principal Act,- (a) in sub-section (2), the words, figures and letter “or section 43A” shall be omitted; (b) in sub-section (4), after the words “subject to such conditions”, the words “and restrictions” shall be inserted; (c) after sub-section (11), the following sub-section shall be inserted, namely:- “(12) Notwithstanding anything contained in this Act, the Government may, on the recommendations of the Council, subject to such conditions and restrictions, specify such maximum proportion of output tax liability under this Act or under the Integrated Goods and Services Tax Act, 2017 which may be discharged through the electronic credit ledger by a registered person or a class of registered persons, as may be prescribed.”. 13. Amendment of section 50.- In section 50 of principal Act, for sub-section (3), 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:- “(3) Where the input tax credit has been wrongly availed and utilised, the registered person shall pay interest on such input tax credit wrongly availed and utilised, at such rate not exceeding twenty-four per cent. as may be notified by the Government, on the recommendations of the Council, and the interest shall be calculated, in such manner as may be prescribed.”. 14. Amendment of section 52.- In section 52 of the principal Act, in sub-section (6), in the proviso, for the words “due date for furnishing of statement for the month of September”, the words “thirtieth day of November” shall be substituted. 15. Amendment of section 54.- In section 54 of the principal Act,- (a) in sub-section (1), in the proviso, for the words and figures “the return furnished under section 39 in such”, the words “such form and” shall be substituted; (b) in sub-section (2), for the words “six months”, the words “two years” shall be substituted; (c) in sub-section (10), the words, brackets and figure “under sub- section(3)” shall be omitted; (d) in the Explanation, in clause (2), after sub-clause (b), the following sub-clause shall be inserted, namely:- “(ba) in case of zero-rated supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit where a refund of tax paid is available in respect of such supplies themselves, or as the case may be, the inputs or input services used in such supplies, the due date for furnishing of return under section 39 in respect of such supplies;”. 177 16. Amendment of Notification issued under section 146 of the principal Act read with section 20 of Integrated Goods and Services Tax Act, retrospectively.- (1) The Notification (06/2018) No. FD 47 CSL 2017, Bengaluru, dated the 23rd January, 2018, issued by the Government of Karnataka, on the recommendations of the Council, under section 146 of the Karnataka Goods and Services Tax Act, 2017 read with section 20 of the Integrated Goods and Services Tax Act, 2017, shall stand amended and shall be deemed to have been amended retrospectively, in the manner specified in column (2) of the First Schedule, on and from the date specified in column (3) of that Schedule. (2) For the purpose of sub-section (1), the Government of Karnataka shall have and shall be deemed to have the power to amend the notification referred to in the said sub-section with retrospective effect as if the Government of Karnataka had the power to amend the said notification under section 146 of the Karnataka Goods and Services Tax Act, 2017 read with section 20 of the Integrated Goods and Services Tax Act, 2017, retrospectively, at all material times. 17. Amendment of notification issued under sub-sections (1) and (3) of section 50, sub-section (12) of section 54 and section 56 of the principal Act, retrospectively.- (1) The notification (13/2017) No. FD 47 CSL 2017, dated: 29th June 2017, issued by Government of Karnataka, on the recommendations of the Council, under sub-sections (1) and (3) of section 50, sub-section (12) of section 54 and section 56 of the Karnataka Goods and Service Tax Act, 2017, shall stand amended and shall be deemed to have been amended retrospectively, in the manner specified in column (2) of the Second Schedule, on and from the date specified in column (3) of that Schedule. (2) For the purposes of sub-section (1), the Government of Karnataka shall have and shall be deemed to have the power to amend the notification referred to in the sub-section with retrospective effect as if the Government of Karnataka had the power to amend the said notification under sub- sections (1) and (3) of section 50, sub-section (12) of section 54 and section 56 of the Karnataka Goods and Services Tax Act, 2017, retrospectively, at all material times. 18. Retrospective exemption from, or levy or collection of, state tax in certain cases.- (1) Notwithstanding anything contained in the Notification (01/2017) No. FD 48 CSL 2017,dated the 29th June, 2017 issued by the Government of Karnataka, on the recommendations of the Council, in exercise of the powers under sub-section (1) of section 9 of the Karnataka Goods and Services Tax Act, 2017, no State tax shall be levied or collected in respect of supply of unintended waste generated during the production of fish meal (falling under heading 2301), except for fish oil, during the period commencing from the 1st day of July, 2017 and ending with the 30th day of September, 2019 (both days inclusive). (2) No refund shall be made of all such tax which has been collected, but which would not have been so collected, had sub-section (1) been in force at all material times. 178 19. Retrospective effect to Notification issued under sub-section (2) of section 7 of the principal Act.- (1) Subject to the provisions of sub-section (2) of section 7 of the principal Act, the Notification (25/2019) No. FD 48 CSL 2017, Bengaluru, dated the 30th September, 2019 issued by the Government of Karnataka, on the recommendations of the Council, in exercise of the powers under sub- section (2) of section 7 of the Karnataka Goods and Services Tax Act, 2017, shall be deemed to have, and always to have, for all purposes, come into force on and from the 1st day of July, 2017. (2) No refund shall be made of all such state tax which has been collected, but which would not have been so collected, had the notification referred to in sub-section (1) been in force at all material times. THE FIRST SCHEDULE [See section 16(1)] Notification number Amendment Date of effect and date of Amendment (1) (2) (3) Notification In the said notification, in 28th (06/2018) No. FD 47 paragraph 1, for the words “furnishing June, 2017. CSL 2017, Bengaluru of returns and computation and , dated the 23rd settlement of integrated tax”, the January, 2018 following shall be substituted, namely:- “furnishing of returns and computation and settlement of Integrated tax and save as otherwise provided in the Notification (23/2019) No. FD 47 CSL 2017, dated the 21st December, 2019, all functions provided under the Karnataka Goods and Services Tax Rules, 2017.”. THE SECOND SCHEDULE [See section 17(1)] Notification number Amendment Date of and date effect of amendment (1) (2) (3) Notification (13/2017) In the said notification, in the 1st July, No. FD 47 CSL 2017, Table, against serial number 2, in 2017. Bengaluru, dated the column(3), for the figures “24”, the 29th June, 2017 figures “18” shall be substituted. 179 The above translation of ಕರ್ನಾಟಕ ಸರಕು ಮತ್ತು ಸೇವೆಗಳ ತೆರಿಗೆ (ತಿದ್ದು ಪಡಿ) ಅಧಿನಿಯಮ, 2022 (2022 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ : 36) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARANATAKA By Order and in the name of Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation GOVERNMENT OF KARNATAKA No. FD 07 CSL 2022 Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, dated: 31.10.2022. NOTIFICATION (12/2022) In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Goods and Services Tax (Amendment) Act, 2022 (Karnataka Act No. 36 of 2022), the Government of Karnataka hereby appoints the 5th day of July, 2022, as the date on which the provisions of clause (c) of section 12 and section 13 of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, (KAVITHA L) Under Secretary to Government, Finance Department (C.T-1) 180 GOVERNMENT OF KARNATAKA No. FD 07 CSL 2022 Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, dated: 31.10.2022. NOTIFICATION (13/2022) In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka Goods and Services Tax (Amendment) Act, 2022 (Karnataka Act No. 36 of 2022), the Government of Karnataka hereby appoints the 1st day of October, 2022, as the date on which the provisions of sections 2 to 15, except clause (c) of section 12 and section 13 of the said Act shall come into force. By Order and in the name of the Governor of Karnataka, (KAVITHA L) Under Secretary to Government, Finance Department (C.T-1) 181 GOVERNMENT OF KARNATAKA No. FD 07 CSL 2022 Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, dated:31.10.2022. NOTIFICATION (14/2022) In exercise of the powers conferred by section 148 of the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017), the Government of Karnataka, being satisfied that it is necessary in the public interest so to do, on the recommendations on the Council, hereby rescinds the notification of the Government of Karnataka, Finance Secretariat, Notification (10/2018), No. FD 47 CSL 2017, dated the 11th April, 2018, published in the Gazette of Karnataka, Extraordinary, Part IV-A, No. 569, dated the 11th April, 2018, with effect from the 1st day of October, 2022, except as respects things done or omitted to be done before such rescission. By Order and in the name of the Governor of Karnataka, (KAVITHA L) Under Secretary to Government, Finance Department (C.T-1) 182 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 183 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 sub-section (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 sub-section (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 sub-section (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 sub-section (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 184 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 sub-section (14), the following sub-section shall be inserted, namely:— "(15) The operator shall not be allowed to furnish a statement under sub-section (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 sub-section (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 sub-section (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. 185 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 sub-section (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 sub-section (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 sub-section (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; 186 (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. The above translation of ಕರ್ನಾಟಕ ಸರಕು ಮತ್ತು ಸೇವೆಗಳ ತೆರಿಗೆ (ತಿದ್ಧು ಪಡಿ) ಅಧಿನಿಯಮ, 2023 (2023 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ : 32) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. 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 KARNATAKA ACT NO.02 OF 2024 (First Published in the Karnataka Gazette Extra-ordinary on the 30th day of January, 2024) THE KARNATAKA GOODS AND SERVICES TAX (SECOND AMENDMENT) ACT, 2023 (Received the assent of the Governor on the 29th day of January, 2024) 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 187 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 (Second Amendment) Act, 2023. (2) It shall be deemed to have come into force with effect from 1st day of October 2023. 2. Amendment of section 2.- In the Karnataka Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act), in section 2, (a) after clause (80), the following clauses shall be inserted, namely:- “(80A) "online gaming" means offering of a game on the internet or an electronic network and includes online money gaming; (80B) "online money gaming" means online gaming in which players pay or deposit money or money's worth, including virtual digital assets, in the expectation of winning money or money's worth, including virtual digital assets, in any event including game, scheme, competition or any other activity or process, whether or not its outcome or performance is based on skill, chance or both and whether the same is permissible or otherwise under any other law for the time being in force;” (b) after clause (102), the following clause shall be inserted, namely:- “(102A) "specified actionable claim" means the actionable claim involved in or by way of (i) betting; (ii) casinos; (iii) gambling: (iv) horse racing: (v) lottery; or (vi) online money gaming;” (c) after clause (105), the following proviso shall be inserted, namely:- "Provided that, a person who organises or arranges, directly or 188 indirectly, supply of specified actionable claims, including a person who owns, operates or manages digital or electronic platform for such supply, shall be deemed to be a supplier of such actionable claims, whether such actionable claims are supplied by him or through him and whether consideration in money or money's worth, including virtual digital assets, for supply of such actionable claims is paid or conveyed to him or through him or placed at his disposal in any manner, and all the provisions of this Act shall apply to such supplier of specified actionable claims, as if he is the supplier liable to pay the tax in relation to the supply of such actionable claims;" (d) after clause (117), the following clause shall be inserted, namely:- „(117A) "virtual digital asset" shall have the same meaning as assigned to it in clause (47A) of section 2 of the Income-tax Act, 1961(Central Act No 43 of 1961);". 3. Amendment of section 24.- In section 24 of the principal Act, (a) in clause (xi), the word "and", occurring at the end, shall be omitted; (b) after clause (xi), the following clause shall be inserted, namely:- "(xia) every person supplying online money gaming from a place outside India to a person in India; and". 4. Amendment of Schedule III.- In the principal Act, in Schedule III, in paragraph 6, for the words "lottery, betting and gambling", the words "specified actionable claims" shall be substituted. 5. Transitory provision.- The amendments made under this Act shall be without prejudice to the provisions of any other law for the time being in force, providing for prohibiting, restricting or regulating betting, casino, gambling, horse racing, lottery or online gaming. However,- (a) imposition of tax on Casinos, Horse racing and Online Gaming does not regularise the said trade; and (b) any crime committed in the course of the same is not immune from criminal action. 189 6. Repeal and savings.- (1) The Karnataka Goods and Services Tax (Amendment) Ordinance, 2023 (Karnataka Ordinance 04 of 2023) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. The above translation of ಕರ್ನಾಟಕ ಸರಕು ಮತ್ತು ಸೇವೆಗಳ ತೆರಿಗೆ (ಎರಡನೇ ತಿದ್ಧು ಪಡಿ) ಅಧಿನಿಯಮ, 2023 (2024 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ : 02 ) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. 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 KARNATAKA ACT NO. 36 OF 2024 (First Published in the Karnataka Gazette Extra-ordinary on the 12th day of August 2024 THE KARNATAKA GOODS AND SERVICES TAX (AMENDMENT) ACT, 2024 (Received the assent of the Governor on the 7th day of August 2024) An Act further to amend the Karnataka Goods and Services Tax Act, 2017(Karnataka Act 27 of 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 fifth 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, 2024. (2) Save as otherwise provided, the provisions of this Act shall come into force on such date, as the Government may, by notification in the 190 Official Gazette, appoint. 2. Amendment of section 2.- In the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereinafter referred to as the principal Act), in section 2, for clause (61), the following shall be substituted, namely:- “(61) “Input Service Distributor” means an office of the supplier of goods or services or both which receives tax invoices towards the receipt of input services, including invoices in respect of services liable to tax under sub-section (3) or sub-section (4) of section 9, for or on behalf of distinct persons referred to in section 25 and liable to distribute the input tax credit in respect of such invoices in the manner provided in section 20.” 3. Substitution of section 20.- For section 20 of the principal Act, the following section shall be substituted, namely:- “20. Manner of distribution of credit by Input Service Distributor.- (1) Any office of the supplier of goods or services or both which receives tax invoices towards the receipt of input services, including invoices in respect of services liable to tax under sub-section (3) or sub-section (4) of section 9, for or on behalf of distinct persons referred to in section 25, shall be required to be registered as Input Service Distributor under clause (viii) of section 24 and shall distribute the input tax credit in respect of such invoices. (2) The Input Service Distributor shall distribute the credit of State tax or integrated tax charged on invoices received by him, including the credit or State tax or integrated tax in respect of services subject to levy of tax under sub-section (3) or sub-section (4) of section 9 paid by a distinct person registered in the same State as the said Input Service Distributor, in such manner, within such time and subject to restrictions and conditions as may be prescribed. (3) The credit of State tax shall be distributed as State tax or integrated tax and integrated tax as integrated tax or State tax, by way of issue of a document containing the amount of input tax credit, in such manner as may be prescribed.” 4. Insertion of new section 122A.- In the principal Act, after section 122, the following new section shall be inserted, namely:- “122A. Penalty for failure to register certain machines used in manufacture of goods as per special procedure.- (1) Notwithstanding 191 anything contained in this Act, where any person, who is engaged in the manufacture of goods in respect of which any special procedure relating to registration of machines has been notified under section 148, acts in contravention of the said special procedure, he shall, in addition to any penalty that is paid or is payable by him under Chapter XV or any other provisions of this Chapter, be liable to pay a penalty equal to an amount of one lakh rupees for every machine not so registered. (2) In addition to the penalty under sub-section (1), every machine not so registered shall be liable for seizure and confiscation: Provided that, such machine shall not be confiscated where:- (a) the penalty so imposed is paid; and (b) the registration of such machine is made in accordance with the special procedure within three days of the receipt of communication of the order of penalty.” The above translation of ಕರ್ನಾಟಕ ಸರಕು ಮತ್ತು ಸೇವೆಗಳ ತೆರಿಗೆ (ತಿದ್ದು ಪಡಿ) ಅಧಿನಿಯಮ, 2024 (2024 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ : 36) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 02 OF 2025 (First Published in the Karnataka Gazette Extra-ordinary on the 9th day of January 2025) THE KARNATAKA GOODS AND SERVICES TAX (SECOND AMENDMENT) ACT, 2024 (Received the assent of the Governor on the 8th day of January 2025) An Act further to amend the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017). Whereas it is expedient further to amend the Karnataka Goods and Services 192 Tax Act, 2017 (Karnataka Act 27 of 2017) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy fifth 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 (Second Amendment) Act, 2024. (2) Section 1 shall be deemed to have come into force with effect from 13th day of November, 2024. (3) Save as otherwise provided, remaining sections shall come into force on such date, with prospective or retrospective effect, as the Government may, by notification in the Official Gazette, appoint: Provided that, different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Amendment of section 9.- In the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereinafter referred to as the Principal Act), in section 9, in sub-section (1), after the words “alcoholic liquor for human consumption”, the words “and un-denatured extra neutral alcohol or rectified spirit used for manufacture of alcoholic liquor, for human consumption”, shall be inserted. 3. Amendment of section 10.- In section 10 of the Principal Act, in sub- section (5), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 4. Insertion of new section 11A.- After section 11 of the Principal Act, the following new section shall be inserted, namely:- “11A. Power not to recover Goods and Services Tax not levied or short- levied as a result of general practice.- Notwithstanding anything contained in this Act, if the Government is satisfied that,- (a) a practice was, or is, generally prevalent regarding levy of State tax (including non-levy thereof) on any supply of goods or services or both; and (b) such supplies were, or are, liable to,– (i) state tax, in cases where according to the said practice, State tax was not, or is not being, levied, or (ii) a higher amount of State tax than what was, or is being, levied, in accordance with the said practice, -the Government may, on the recommendation of the Council, by notification in the Official Gazette, direct that the whole of the State tax payable on such supplies, or, as the case may be, the State tax in excess of that payable on such supplies, but for the said practice, shall not be required to be paid in respect of the supplies on which the State tax was not, or is not being levied, or was, or is being, short-levied, in accordance with the said practice.”. 5. Amendment of section 13.- In section 13 of the Principal Act, in sub-section (3),- (i) in clause (b), for the words “by the supplier:”, the words “by the supplier, in cases where invoice is required to be issued by the supplier; or” ,shall be substituted; (ii) after clause (b), the following clause shall be inserted, namely:- “(c) the date of issue of invoice by the recipient, in cases where invoice is to be issued by the recipient:”; (iii) in the first proviso, after the words, brackets and letter “or clause (b)”, the words, brackets and letter “or clause (c)”, shall be inserted. 6. Amendment of section 16.- In section 16 of the principal Act, after 193 sub-section (4), the following sub-sections shall be inserted with effect from the 1st day of July, 2017, namely:– “(5) Notwithstanding anything contained in sub-section (4), in respect of an invoice or debit note for supply of goods or services or both pertaining to the Financial Years 2017-18, 2018-19, 2019-20 and 2020-21, the registered person shall be entitled to take input tax credit in any return under section 39 which is filed upto the thirtieth day of November, 2021. (6) Where registration of a registered person is cancelled under section 29 and subsequently the cancellation of registration is revoked by any order, either under section 30 or pursuant to any order made by the Appellate Authority or the Appellate Tribunal or court and where availment of input tax credit in respect of an invoice or debit note was not restricted under sub-section (4), on the date of order of cancellation of registration, the said person shall be entitled to take the input tax credit in respect of such invoice or debit note for supply of goods or services or both, in a return under section 39,- (i) filed upto thirtieth day of November following the financial year to which such invoice or debit note pertains or furnishing of the relevant annual return, whichever is earlier; or (ii) for the period from the date of cancellation of registration or the effective date of cancellation of registration, as the case may be, till the date of order of revocation of cancellation of registration, where such return is filed within thirty days from the date of order of revocation of cancellation of registration, whichever is later.” 7. Amendment of section 17.- In section 17 of the Principal Act, in sub- section (5), in clause (i), for the words and figures “sections 74, 129 and 130”, the words and figures “section 74 in respect of any period upto Financial Year 2023- 24”, shall be substituted. 8. Amendment of section 21.- In section 21 of the Principal Act, after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 9. Amendment of section 30.- In section 30 of the Principal Act, in sub- section (2), after the proviso, the following proviso shall be inserted, namely:- “Provided further that, such revocation of cancellation of registration shall be subject to such conditions and restrictions, as may be prescribed.”. 10. Amendment of section 31.- In section 31 of the principal Act,- (a) in sub-section (3), in clause (f), after the words and figure “of section 9 shall”, the words “within the period as may be prescribed,” shall be inserted; (b) after clause (g), the following Explanation shall be inserted, namely:– “Explanation. For the purposes of clause (f), the expression “supplier who is not registered” shall include the supplier who is registered solely for the purpose of deduction of tax under section 51.” 11. Amendment of section 35.- In section 35 of the Principal Act, in sub- section (6), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 12. Amendment of section 39.- In section 39 of the Principal Act, for sub- section (3), the following sub-section shall be substituted, namely:- “(3) Every registered person required to deduct tax at source under section 51 shall electronically furnish a return for every calendar month of the deductions made during the month in such form and manner and within such time as may be prescribed: Provided that, the said registered person shall furnish a return for every calendar month whether or not any deductions have been made during the said month.”. 194 13. Amendment of section 49.- In section 49 of the Principal Act, in sub- section (8), in clause (c), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 14. Amendment of section 50.- In section 50 of the Principal Act, in sub- section (1), in the proviso, after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 15. Amendment of section 51.- In section 51 of the Principal Act, in sub- section (7), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 16. Amendment of section 54.- In section 54 of the Principal Act,- (a) in sub-section (3), the second proviso shall be omitted; (b) after sub-section (14) and before the Explanation, the following sub- section shall be inserted, namely:- “(15) Notwithstanding anything contained in this section, no refund of unutilised input tax credit on account of zero rated supply of goods or of integrated tax paid on account of zero rated supply of goods shall be allowed where such zero rated supply of goods is subjected to export duty.”. 17. Amendment of section 61.- In section 61 of the Principal Act, in sub- section (3), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 18. Amendment of section 62.- In section 62 of the Principal Act,in sub- section (1), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 19. Amendment of section 63.- In section 63 of the Principal Act,after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 20. Amendment of section 64.- In section 64 of the Principal Act, in sub- section (2), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 21. Amendment of section 65.- In section 65 of the Principal Act, in sub- section (7), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 22. Amendment of section 66.- In section 66 of the Principal Act, in sub- section (6), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A”, shall be inserted. 23. Amendment of section 70.- In section 70 of the Principal Act, after sub-section (1), the following sub-section shall be inserted, namely:- “(1A) All persons summoned under sub-section (1), shall be bound to attend, either in person or by an authorised representative, as such officer may direct, and the person so appearing shall state the truth during examination or make statements or produce such documents and other things as may be required.”. 24. Amendment of section 73.- In section 73 of the Principal Act,- (i) in the heading, after the words “Determination of tax”, the words and figures “pertaining to the period up to Financial Year 2023-24”, shall be inserted; (ii) after sub-section (11), the following sub-section shall be inserted, namely:– “(12) The provisions of this section shall be applicable for determination of tax pertaining to the period upto Financial Year 2023-24.” 25. Amendment of section 74.- In section 74 of the Principal Act,- (i) in the heading, after the words “Determination of tax”, the words and 195 figures “pertaining to the period up to Financial Year 2023-24”, shall be inserted; (ii) after sub-section (11) and before Explanation 1, the following sub-section shall be inserted, namely:– “(12) The provisions of this section shall be applicable for determination of tax pertaining to the period upto Financial Year 2023-24.”; (iii) the Explanation 2 shall be omitted. 26. Insertion of new section 74A.- After section 74 of the Principal Act, the following section shall be inserted, namely:- “74A.Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason pertaining to Financial Year 2024-25 onwards.-(1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty leviable under the provisions of this Act or the rules made thereunder: Provided that, no notice shall be issued, if the tax which has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised in a financial year is less than one thousand rupees. (2) The proper officer shall issue the notice under sub section (1), within forty-two months from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within forty-two months from the date of erroneous refund. (3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub section (1), on the person chargeable with tax. (4) The service of such statement shall be deemed to be service of notice on such person under sub-section (1), subject to the condition that the grounds relied upon for such tax periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (5) The penalty in case where any tax which has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised,– (i) for any reason, other than the reason of fraud or any wilful-misstatement or suppression of facts to evade tax, shall be equivalent to ten percent of tax due from such person or ten thousand rupees, whichever is higher; (ii) for the reason of fraud or any wilful-misstatement or suppression of facts to evade tax shall be equivalent to the tax due from such person.

(6) The proper officer shall, after considering the representation, if any, made by the person chargeable with tax, determine the amount of tax, interest and penalty due from such person and issue an order. (7) The proper officer shall issue the order under sub section (6) within twelve months from the date of issuance of notice specified in sub-section (2): Provided that, where the proper officer is not able to issue the order within the specified period, the Commissioner, or an officer authorised by the Commissioner senior in rank to the proper officer but not below the rank of Joint Commissioner of State Tax, may, having regard to the reasons for delay in issuance of the order under sub-section (6), to be recorded in writing, before the expiry of the 196 specified period, extend the said period further by a maximum of six months. (8) The person chargeable with tax where any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, may, - (i) before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment, and the proper officer, on receipt of such information shall not serve any notice under sub-section (1) or the statement under sub-section (3), as the case may be, in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder; (ii) pay the said tax along with interest payable under section 50 within sixty days of issue of show cause notice, and on doing so, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded. (9) The person chargeable with tax, where any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud, or any willful-misstatement or suppression of facts to evade tax, may,- (i) Before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 and a penalty equivalent to fifteen percent of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment, and the proper officer, on receipt of such information, shall not serve any notice under sub-section (1), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder; (ii) pay the said tax along with interest payable under section 50 and a penalty equivalent to twenty-five percent of such tax within sixty days of issue of the notice, and on doing so, all proceedings in respect of the said notice shall be deemed to be concluded; (iii) pay the tax along with interest payable thereon under section 50 and a penalty equivalent to fifty percent of such tax within sixty days of communication of the order, and on doing so, all proceedings in respect of the said notice shall be deemed to be concluded. (10) Where the proper officer is of the opinion that the amount paid under clause (i) of sub-section (8) or clause (i) of sub-section (9) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub section (1), in respect of such amount which falls short of the amount actually payable. (11) Notwithstanding anything contained in clause (i) or clause (ii) of sub- section (8), penalty under clause (i) of sub-section (5), shall be payable where any amount of self assessed tax or any amount collected as tax has not been paid within a period of thirty days from the due date of payment of such tax. (12) The provisions of this section shall be applicable for determination of tax pertaining to the Financial Year 2024-25 onwards. Explanation 1.–– For the purposes of this section,–– (i) the expression “all proceedings in respect of the said notice”, shall not include proceedings under section 132; (ii) where the notice under the same proceedings is issued to the main person liable to pay tax and some other persons, and such proceedings against the main person have been concluded under this section, the proceedings against all the persons liable to pay penalty under sections 122 and 125 are deemed to be concluded. 197 Explanation 2.– For the purposes of this Act, the expression “suppression” shall mean non-declaration of facts or information which a taxable person is required to declare in the return, statement, report or any other document furnished under this Act or the rules made thereunder, or failure to furnish any information on being asked for, in writing, by the proper officer. 27. Amendment of section 75.- In section 75 of the Principal Act,- (a) in sub-section (1), after the word and figures “section 74”, the words, brackets, figures and letter “or sub-sections (2) and (7) of section 74A”, shall be inserted; (b) after sub-section (2), the following sub-section shall be inserted, namely:- “(2A) Where any Appellate Authority or Appellate Tribunal or court concludes that the penalty under clause (ii) of sub-section (5) of section 74A is not sustainable for the reason that the charges of fraud or any wilful misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the penalty shall be payable by such person, under clause (i) of sub-section (5) of section 74A.”; (c) for sub-section (10), the following sub-section shall be substituted, namely:– “(10) The adjudication proceedings shall be deemed to be concluded, if the order is not issued within the period specified in sub-section (10) of section 73 or in sub-section (10) of section 74 or in sub-section (7) of section 74A.”; (d) in sub-section (11), after the word and figures “section 74”, the words, brackets, figures and letter “or sub-section (7) of section 74A”, shall be inserted; (e) in sub-section (12), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74 A”, shall be inserted; (f) in sub-section (13), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74 A”, shall be inserted. 28. Amendment of section 104.- In section 104 of the Principal Act, in sub-section (1) in the explanation after the word and figures “section 74” the words, brackets, figures and letters “or sub-sections (2) and (7) of section 74A” shall be inserted. 29. Amendment of section 107.- In section 107 of the Principal Act,- (a) in sub-section (6), in clause (b), for the word “twenty five”, the word “twenty”, shall be substituted; (b) in sub-section (11), in the second proviso, after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74 A”, shall be inserted. 30. Amendment of section 109.- In section 109 of the Principal Act, in sub-section (1), after the words “Revisional Authority”, the words “, or for conducting an examination or adjudicating the cases referred to in sub-section (2) of section 171 if so notified under the said section”, shall be inserted; 31. Amendment of section 112.- In section 112 of the Principal Act,- (a) in sub-section (1), after the words “from the date on which the order sought to be appealed against is communicated to the person preferring the appeal”, the words “; or the date, as may be notified by the Government, on the recommendations of the Council, for filing appeal before the Appellate Tribunal under this Act, whichever is later.”, shall be inserted, with effect from the 1st day of August, 2024; (b) in sub-section (3), after the words “from the date on which the said order has been passed”, the words “; or the date, as may be notified by the Government, on the recommendations of the Council, for the purpose of filing 198 application before the Appellate Tribunal under this Act, whichever is later,” shall be inserted with effect from the 1st day of August, 2024; (c) in sub-section (6), after the words, brackets and figure “after the expiry of the period referred to in sub-section (1)”, the words, brackets and figure “or permit the filing of an application within three months after the expiry of the period referred to in sub-section (3)”, shall be inserted; (d) in sub-section (8), in clause (b),- (i) for the words “twenty percent”, the words “ten percent”, shall be substituted; and (ii) for the words “fifty crore rupees” the words “twenty crore rupees” shall be substituted. 32. Amendment of section 122.- In section 122 of the Principal Act, in sub-section (1B), for the words “Any electronic commerce operator who-”, the words and figures “Any electronic commerce operator, who is liable to collect tax at source under section 52,-” shall be substituted with effect from 1st day of October 2023. 33. Amendment of section 127.- In section 127 of the Principal Act, after the words and figures “section 73 or section 74”, the words figures and letter “or section 74A”, shall be inserted. 34. Insertion of new section 128A.- After section 128 of Principal Act, the following section shall be inserted, namely:- “128A. Waiver of interest or penalty or both relating to demands raised under section 73, for certain tax periods.- (1) Notwithstanding anything to the contrary contained in this Act, where any amount of tax is payable by a person chargeable with tax in accordance with,- (a) a notice issued under sub-section (1) of section 73 or a statement issued under sub-section (3) of section 73, and where no order under sub- section (9) of section 73 has been issued; or (b) an order passed under sub-section (9) of section 73, and where no order under sub-section (11) of section 107 or sub-section (1) of section 108 has been passed; or (c) an order passed under sub-section (11) of section 107 or sub- section (1) of section 108, and where no order under sub-section (1) of section 113 has been passed, pertaining to the period from 1st July, 2017 to 31st March, 2020, or a part thereof, and the said person pays the full amount of tax payable as per the notice or statement or the order referred to in clause (a), clause (b) or clause (c), as the case may be, on or before the date, as may be notified by the Government on the recommendations of the Council, no interest under section 50 and penalty under this Act, shall be payable and all the proceedings in respect of the said notice or order or statement, as the case may be, shall be deemed to be concluded, subject to such conditions as may be prescribed: Provided that, where a notice has been issued under sub section (1) of section 74, and an order is passed or required to be passed by the proper officer in pursuance of the direction of the Appellate Authority or Appellate Tribunal or a court in accordance with the provisions of sub-section (2) of section 75, the said notice or order shall be considered to be a notice or order, as the case may be, referred to in clause (a) or clause (b) of this sub-section: Provided further that, the conclusion of the proceedings under this sub-section, in cases where an application is filed under sub-section (3) of section 107 or under sub-section (3) of section 112 or an appeal is filed by an officer of State tax under sub-section (1) of section 117 or under sub-section (1) of section 118 or where any proceedings are initiated under sub-section (1) of section 108, against an order referred to in clause (b) or clause (c) or against the directions of the Appellate Authority or the Appellate Tribunal or 199 the court referred to in the first proviso, shall be subject to the condition that the said person pays the additional amount of tax payable, if any, in accordance with the order of the Appellate Authority or the Appellate Tribunal or the court or the Revisional Authority, as the case may be, within three months from the date of the said order: Provided also that, where such interest and penalty has already been paid, no refund of the same shall be available. (2) Nothing contained in sub-section (1), shall be applicable in respect of any amount payable by the person on account of erroneous refund. (3) Nothing contained in sub-section (1), shall be applicable in respect of cases where an appeal or writ petition filed by the said person is pending before Appellate Authority or Appellate Tribunal or a court, as the case may be, and has not been withdrawn by the said person on or before the date notified under sub-section (1). (4) Notwithstanding anything contained in this Act, where any amount specified under sub-section (1), has been paid and the proceedings are deemed to be concluded under the said sub-section, no appeal under sub- section (1) of section 107 or sub-section (1) of section 112 shall lie against an order referred to in clause (b) or clause (c) of sub-section (1), as the case may be.”. 35. Amendment of section 171.- In section 171 of the Principal Act.- (a) in sub-section (2), the following proviso and Explanation shall be inserted, namely: – “Provided that, the Government may by notification, on the recommendations of the Council, specify the date from which the said Authority shall not accept any request for examination as to whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him. Explanation.-For the purposes of this sub-section, “request for examination” shall mean the written application filed by an applicant requesting for examination as to whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him.”; (b) the Explanation shall be renumbered as Explanation 1 thereof, and after Explanation 1 as so renumbered, the Explanation shall be inserted, namely: –– “Explanation 2.-For the purposes of this section, the expression “Authority” shall include the “Appellate Tribunal”.” 36. Amendment to Schedule III.- In Schedule III to the Principal Act, after paragraph 8 and before Explanation 1, the following paragraphs shall be inserted, namely:- “9. Activity of apportionment of co-insurance premium by the lead insurer to the co-insurer for the insurance services jointly supplied by the lead insurer and the co-insurer to the insured in coinsurance agreements, subject to the condition that the lead insurer pays the Central tax, the State tax, the Union territory tax and the integrated tax on the entire amount of premium paid by the insured. 200 10. Services by insurer to the reinsurer for which ceding commission or the reinsurance commission is deducted from reinsurance premium paid by the insurer to the reinsurer, subject to the condition that the Central tax, the State tax, the Union territory tax and the integrated tax is paid by the reinsurer on the gross reinsurance premium payable by the insurer to the reinsurer, inclusive of the said ceding commission or the reinsurance commission.”. 37. No refund of tax paid or input tax credit reversed.- No refund shall be made of all the tax paid or the input tax credit reversed, which would not have been so paid or not reversed had section 6 been in force at all material times. 38. Repeal and savings.- (1) The Karnataka Goods and Services Tax (Amendment) Ordinance, 2024 (Karnataka Ordinance No. 02 of 2024) is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the Principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the Principal Act, as amended by this Act. The above translation of ಕರ್ನಾಟಕ ಸರಕು ಮತ್ತು ಸೇವೆಗಳ ತೆರಿಗೆ (ಎರಡನೇ ತಿದ್ದು ಪಡಿ) ಅಧಿನಿಯಮ, 2024 (2025 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ : 02) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation 201 KARNATAKA ACT NO. 43 OF 2025 (First Published in the Karnataka Gazette Extra-ordinary on the 2nd day of September 2025) THE KARNATAKA GOODS AND SERVICES TAX (AMENDMENT) ACT, 2025 (Received the assent of the Governor on the 2nd day of September 2025) An Act further to amend the Karnataka Goods and Services Tax Act, 2017(Karnataka Act 27 of 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 sixth 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, 2025. (2) Save as otherwise provided, the provisions of this Act shall come into force on such date, as the Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 2.- In the Karnataka Goods and Services Tax Act, 2017 (Karnataka Act 27 of 2017) (hereinafter referred to as the Principal Act), in section 2,- (i) in clause (61), after the word and figure "section 9", the words, brackets and figures "of this Act or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017 (Central Act No 13 of 2017)" shall be deemed to have been inserted with effect from the 1st day of April, 2025; (ii) in clause (69),- (a) in sub-clause (c), after the words "management of a municipal", the word "fund" shall be inserted; (b) after sub-clause (c), the following Explanation shall be inserted, namely:- 'Explanation.- For the purposes of this sub-clause- (i) "local fund" means any fund under the control or management of an authority of a local self-government established for discharging civic functions in relation to a Panchayat area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called; (ii) "municipal fund" means any fund under the control or management of an authority of a local self-government established for discharging civic functions in relation to a Metropolitan area or Municipal area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called; 202 (iii) after clause (116), the following clause shall be inserted, namely:- (116A) "unique identification marking” means the unique identification marking referred to in clause (b) of sub-section (2) of section 148A and includes a digital stamp, digital mark or any other similar marking, which is unique, secure and non-removable; 3. Amendment of section 12.- In section 12 of the Principal Act, sub- section (4) shall be omitted. 4. Amendment of section 13.- In section 13 of the Principal Act, sub- section (4) shall be omitted. 5. Amendment of section 17.- In section 17 of the Principal Act, in sub- section (5), in clause (d),- (i) for the words "plant or machinery", the words "plant and machinery” shall be deemed to have been substituted with effect from the 1st day of July, 2017; (ii) the existing Explanation shall be numbered as Explanation-1 and after Explanation-1 as so numbered, the following Explanation shall be inserted, namely:- “Explanation-2.- For the purposes of clause (d), it is hereby clarified that notwithstanding anything to the contrary contained in any judgment, decree or order of any court, tribunal, or other authority, any reference to "plant or machinery" shall be construed and shall always be deemed to have been construed as a reference to "plant and machinery”. 6. Amendment of section 20.- In section 20 of the Principal Act,- (i) in sub-section (1), after the word and figure "section 9", the words, brackets and figures "of this Act or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017 (Central Act No 13 of 2017)" shall be deemed to have been inserted with effect from the 1st day of April, 2025; (ii) in sub-section (2), after the word and figure "section 9", the words, brackets and figures "of this Act or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017 (Central Act No 13 of 2017)," shall be deemed to have been inserted with effect from the 1st day of April, 2025. 7. Amendment of section 34.- In section 34 of the Principal Act, in sub- section (2), for the proviso, the following proviso shall be substituted, namely:- "Provided that no reduction in output tax liability of the supplier shall be permitted, if the- 203 (i) input tax credit as is attributable to such a credit note, if availed, has not been reversed by the recipient, where such recipient is a registered person; or (ii) incidence of tax on such supply has been passed on to any other person, in other cases.". 8. Amendment of section 38.- In section 38 of the Principal Act,- (i) in sub-section (1), for the words "an auto-generated statement", the words "a statement" shall be substituted; (ii) in sub-section (2),- (a) for the words "auto-generated statement under", the words "statement referred in" shall be substituted; (b) in clause (a), the word "and" shall be omitted; (c) in clause (b), after the words "by the recipient,", the word "including" shall be inserted; and (d) after clause (b), and the entries relating thereto the following clause shall be inserted, namely:- "(c) such other details as may be prescribed." 9. Amendment of section 39.- In section 39 of the Principal Act, in sub- section (1), for the words "and within such time", the words "within such time, and subject to such conditions and restrictions" shall be substituted. 10. Amendment of section 107.- In section 107 of the Principal Act, in sub-section (6), for the proviso, the following proviso shall be substituted, namely:- "Provided that in case of any order demanding penalty without involving demand of any tax, no appeal shall be filed against such order unless a sum equal to ten per cent. of the said penalty has been paid by the appellant." 11. Amendment of section 112.- In section 112 of Principal Act, in sub- section (8), the following proviso shall be inserted, namely:- "Provided that in case of any order demanding penalty without involving demand of any tax, no appeal shall be filed against such order unless a sum equal to ten percent of the said penalty, in addition to the amount payable under the proviso to sub-section (6) of section 107 has been paid by the appellant." 12. Insertion of new section 122-B.- After section 122A of the Principal Act, the following new section shall be inserted, namely:- "122-B. Penalty for failure to comply with track and trace mechanism.- Notwithstanding anything contained in this Act, where any person referred to in 204 clause (b) of sub-section (1) of section 148A acts in contravention of the provisions of the said section, he shall, in addition to any penalty under Chapter XV or the provisions of this Chapter, be liable to pay a penalty equal to an amount of one lakh rupees or ten per cent of the tax payable on such goods, whichever is higher.". 13. Insertion of new section 148-A.- After section 148 of the Principal Act, the following section shall be inserted, namely:- "148-A. Track and trace mechanism for certain goods.- (1) The Government may, on the recommendations of the Council, by notification, specify,- (a) the goods; (b) persons or class of persons who are in possession or deal with such goods to which the provisions of this section shall apply. (2) The Government may, in respect of the goods referred to in clause (a) of sub- section (1),- (a) provide a system for enabling affixation of unique identification marking and for electronic storage and access of information contained therein, through such persons, as may be prescribed; and (b) prescribe the unique identification marking for such goods, including the information to be recorded therein. (3) The persons referred to in sub-section (1), shall,- (a) affix on the said goods or packages thereof, a unique identification marking, containing such information and in such manner; (b) furnish such information and details within such time and maintain such records or documents, in such form and manner; (c) furnish details of the machinery installed in the place of business of manufacture of such goods, including the identification, capacity, duration of operation and such other details or information, within such time and in such form and manner; and (d) pay such amount in relation to the system referred to in sub-section (2), as may be prescribed.". 14. Amendment of Schedule III.- In Schedule III of the Principal Act,- (i) in paragraph 8, after clause (a), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 2017, namely:- "(aa) Supply of goods warehoused in a Special Economic Zone or in a Free Trade Warehousing Zone to any person before clearance for exports or to the Domestic Tariff Area;" (ii) in Explanation 2, after the words “For the purposes of”, the words, 205 brackets and letter "clause (a) of” shall be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 2017; and (iii) after Explanation 2, the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 2017, namely:- "Explanation 3.- For the purposes of clause (aa) of paragraph 8, the expressions "Special Economic Zone", "Free Trade Warehousing Zone" and "Domestic Tariff Area" shall have the same meanings respectively as assigned to them in section 2 of the Special Economic Zones Act, 2005 (Central Act No 28 of 2005)." 15. No refund of tax collected.- No refund shall be made of all such tax which has been collected, but which would not have been so collected, had section 14 of this Amendment Act been in force at all material times. The above translation of ಕರ್ನಾಟಕ ಸರಕು ಮತ್ತು ಸೇವೆಗಳ ತೆರಿಗೆ (ತಿದ್ದು ಪಡಿ) ಅಧಿನಿಯಮ, 2025 (2025 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ :43) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation 206