In the wake of amendment in the Central Goods and Services Tax Act 2017 by the Central Government, Finance Minister Pranajit Singha Roy tabled the Tripura State Goods and Services Tax (Sixth Amendment) Bill, 2023 in the State Assembly on the second day of the ongoing Budget session on Monday. The Bill was passed in Voice Vote in the House today.  

One of the important amendments sets a three-year time limit for registered individuals to submit their tax period returns.

Besides, the Bill seeks to amend clause (d) of sub-section (2) and clause (c) of sub-section (2A) in section 10 of the Tripura State Goods and Services Tax Act 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.

The Bill seeks to amend second and third provisos to sub-section (2) of section 16 of the Tripura State Goods and Services Tax Act to align the said sub-section with the return filing system provided in the said Act.

The Bill seeks to amend Explanation to sub-section (3) of section 17 of the Tripura State Goods and Services Tax Act so as to restrict availment of input tax credit in respect of certain transactions specified in clause (a) of paragraph 8 of Schedule III of the said Act, as may be provided by rules, by including the value of such transactions in the value of exempt supply. It also seeks to amend sub-section (5) 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.

The Bill seeks to substitute, with effect from the July 1, 2017, section 23 of the Tripura State Goods and Services Tax Act relating to persons not liable for registration so as to provide overriding effect to the said section over sub-section (1) of section 22 and section 24 of the said Act.

The Bill seeks to amend section 30 of the Tripura State Goods and Services Tax Act relating to time limit for submission of application of revocation of cancellation of reizistration.

The Bill seeks to insert a new sub-section (5) in section 37 of the Tripura State Goods and Services Tax Act so as to provide a time limit of three years upto which the details of outward supplies under sub-section (1) of the said section for a tax period can be furnished by a registered person. It further seeks to empower the Government, on the recommendation of the Council, to extend by notification, the said time limit for a registered person or a class of registered persons, subject to certain conditions and restrictions.

The Bill seeks to insert a new sub-section (11) in section 39 of the Tripura State Goods and Services Tax Act so as to provide a time limit of three years upto which the return for a tax period can be furnished by a registered person. It further seeks to empower the Government, on the recommendation of the council, to extend by notification, the said time limit for a registered person or a class of registered persons, subject to certain conditions and restrictions.

The Bill seeks to insert a new sub-section (2) in section 44 of the Tripura State Goods and Services Tax Act so as to provide a time limit of three years upto which the annual return under sub-section (1) of the said section for a financial year can be furnished by a registered person. It further seeks to empower the Government, on the recommendation of the Council, to extend by notification, the said time limit for a registered person or a class of registered persons, subject to certain conditions and restrictions.

The Bill seeks to insert a new sub-section (15) in section 52 of the Tripura State Goods and Services Tax Act so as to provide a time limit of three years upto which the statement under sub-section (4) of the said section for a month can be furnished by an electronic commerce operator. It further seeks to empower the Government, on the recommendation of the Council, to extend by notification, the said time limit for an operator or a class of operators, subject to certain conditions and restrictions.

The Bill seeks to amend sub-section (6) of section 54 of the Tripura State Goods and Services Tax Act by removing reference to the provisionally accepted input tax credit so as 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.

The Bill seeks to amend section 56 of the Tripura State Goods and Services Tax Act so as to provide by rules the manner of computation of period of delay for calculation of interest on delayed refunds.

The Bill seeks to amend section 62 of the Tripura State Goods and Services Tax Act so as to extend the time limit for furnishing of return by a defaulter upto sixty days after service of assessment order by the proper officer. It further seeks to provide extension of another sixty days for furnishing ofr eturn on payment of an additional late fee along with liability to pay interest and late fee.

The Bill seeks to substitution of section 109 of the Tripura State Goods and Services Tax Act for the purpose of constitution of Appellate Tribunal under the Central Goods and Services Tax Act, 2017 for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority under this Act.

The Bill seeks to amend section 110 of the Tripura State Goods and Services Tax Act by way of deletion of the said section as it has become redundant through amendment of section 109.

The Bill seeks to amend section 114 of the Tripura State Goods and Services Tax Act by way of deletion of the said section as it has become redundant through amendment of section 109.

The Bill seeks to amend section 117 of the Tripura State Goods and Services Tax Act for substituting ‘State Benches’ instead of ‘State and Area Benches’ consequent upon amendment of section 109.

The Bill seeks to amend section 118 of the Tripura State Goods and Services Tax Act for substituting ‘Principal Bench’ instead of ‘National and Regional Benches’ consequent upon amendment of section 109.

The Bill seeks to amend section 119 of the Tripura State Goods and Services Tax Act for substituting ‘State Benches’ instead of ‘State and Area Benches’ and `Principal Bench’ instead of ‘National and Regional Benches’ consequent upon amendment of section 109.

The Bill seeks to insert a new sub-section (1 B) in section 122 of the Tripura State Goods and Services Tax Act so as to provide for penal provisions applicable to electronic commerce operators in case of contravention of provisions relating to supplies of goods or services made through them by unregistered persons or composition taxpayers.

The Bill seeks to amend sub-section (1) of section 132 of the Tripura State Goods and Services Tax Act so as to decriminalise offences specified in clauses (g), (j) and (k) of the said sub-section and to increase the monetary threshold from one hundred lakh rupees to two hundred lakh rupees for launching prosecution for the offences under the said Act, except for the offences related to issuance of invoices without supply of goods or services or both.

The Bill seeks to amend first proviso to sub-section (1) of section 138 of the Tripura State Goods and Services Tax Act so as to exclude the persons involved in offences relating to the issuance of invoices without the 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 rationalise the amount for compounding of various offences by reducing the minimum as well as maximum amount for compounding.

The Bill seeks to insert a new section 158A in the Tripura State Goods and Services Tax Act so as to provide for the manner and conditions for sharing of the information furnished by the registered person in his application for registration or in his return filed or in his statement of outward supplies, or the details uploaded by him for generation of electronic invoice or E-way bill or any other details, as may be provided by rules, on the common portal with such other systems, as may be notified.

The Bill seeks to amend Schedule III of the Tripura State Goods and Services Tax Act to give retrospective applicability to paragraph 7 and 8 and the Explanation 2 to the said Schedule with effect from July 1, 2017.