The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Wednesday 4.10.2017 Asvina 12, S.E. 1939, Issue No. 587 NOTIFICATIONNo.H.12017/55/2016-LJD, the 18th September, 2017.The following Act is hereby r epub- lished fo r general info rmat io n. “The Union Territory Goods and Services Tax Act, 2017 (Act No. 14 of 2017)”. Vincent Lalrokima, Deputy Secretary to the Govt. of Mizoram. THE UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 AN ACT to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Union territories and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— CHAPTER I P RELIMINARY 1. (1) T his Act may be called the Union Territory Goods and Services Tax Act, 2017. (2) It extends to the Union territories of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, Daman and Diu, Chandigarh and other territory. (3) It shall come into force on such date as the Central 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.Short title, extent and commen ce- ment 2. In this Act, unless the context otherwise requires,— (1) ‘‘appointed day’’ means the date on which the provisions of this Act shall come into force; (2) ‘‘Commissioner ’’ means the Commissioner of Union territory tax ap- pointed under section 3; (3) ‘‘designated authority’’ means such authority as may be notified by the Commissioner; (4) ‘‘exempt supply’’ means supply of any goods or services or both which attracts nil rate of tax or which may be exempt from tax under section 8, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply; (5) ‘‘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 Parliament or any Authority or person having the power to make such law, notification, order, rule or regulation; (6) ‘‘Government’’ means the Administrator or any Authority or of- ficer authorised to act as Administrator by the Central Government; (7) ‘‘output tax’’ in relation to a taxable person, means the Union territory 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; (8) ‘‘Union territory’’ means the territory of,— (i) the Andaman and Nicobar Islands; (ii) Lakshadweep; (iii) Dadra and Nagar Haveli; (iv) Daman and Diu; (v) Chandigarh; or (vi) other territory. Explanation.—For the purposes of this Act, each of the territories speci- fied in sub-clauses (i) to (vi) shall be considered to be a separate Union territory; (9) ‘‘Union territory tax’’ means the tax levied under this Act; (10) words and expressions used and not defined in this Act but defined in the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act, the State Goods and Services Tax Act, and the Goods and Services Tax (Compensation to States) Act, shall have the same meaning as assigned to them in those Acts. CHAPTER II A DMINISTRATION 3. The Administrator may, by notification, appoint Commissioners and such other class of officers as may be required for carrying out the purposes of this Act and such officers shall be deemed to be proper officers for such purposes as may be specified ther ein: Provided that the officers appointed under the existing law shall be deemed to be the officers appointed under the provisions of this Act. 4. The Administrator may, by order, authorise any officer to appoint of- ficers of Union territory tax below the rank of Assistant Commissioner of Union territory tax for the administration of this Act. Defi na ti on . Officers under this Act. Auth ori sa ti on of officers. Ex-587/20172 5. (1) Subject to such conditions and limitations as the Commissioner may impose, an officer of the Union territory tax may exercise the powers and discharge the duties conferred or imposed on him under this Act. (2) An officer of a Union territory tax may exercise the powers and dis- charge the duties conferred or imposed under this Act on any other officer of a Union territory 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 subordinate to him. (4) Notwithstanding anything contained in this section, an Appellate Authority shall not exercise the powers and discha rge the duties conferred or imposed on any other officer of Union territory tax. 6. (1) Without prejudice to the provisions of this Act, the officers ap- pointed 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 jurisdic- tional officer of central tax; (b) where a proper officer under the Central Goods and Ser- vices 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 ap- plicable, of any order passed by an officer appointed under this Act, shall not lie before an officer appointed under the Central Goods and Services Tax Act. CHAPTER III LEVY AND COLLECTION OF TAX 7. (1) Subject to the provisions of sub-section (2), there shall be levied a tax called the Union territory tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the Central Goods and Services Tax Act and at such rates, not exceeding twenty per cent., as may be notified by the Cen- tral 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 Union territory 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 Central Government on the recommendations of the Council. (3) The Central 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.Power of officers. Authorisation of officers of central tax as proper officer in certain circum- stances Levy and collection. Ex-587/2017 3 (4) The Union territory tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient 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. (5) The Central Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra-State sup- plies of which shall be paid by the electronic commerce operator if such services are supplied through it, a nd 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 ap- point a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax. 8. (1) Where the Central 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 Central 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 Central 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 notifica- tion 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 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. Power to grant exemption from tax. Ex-587/20174 CHAPTER IV P AYMENT OF TAX 9.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 in- tegrated tax and the amount remaining, if any, may be utilised to- wards the payment of central tax and State tax, or as the case may be, Union territory tax, in that order; (b) the Union territory tax shall first be utilised towards pay- ment of Union territory tax and the amount remaining, if any, may be utilised towards payment of integrated tax; (c) the Union territory tax shall not be utilised towards pay- ment of central tax. 10. On utilisation of input tax credit of Union territory tax 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 of the Central Goods and Services Tax Act, as reflected in the valid return furnished under sub-section (1) of section 39 of the Central Goods and Services Tax Act, the amount collected as Union territory tax shall stand reduced by an amount equal to such credit so utilised and the Central Government shall transfer an amount equal to the amount so reduced from the Union territory tax account to the integrated tax account in such manner and within such time as may be prescribed. CHAPTER V INSPECTION , SEARCH , SEIZURE AND ARREST 11. (1) All officers of Police, Railways, Customs, and those officers en- gaged in the collection of land revenue, including village officers, and officers of central tax and officers of the State 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 VI DEMANDS AND RECOVERY 12. (1) A registered person who has paid the central tax and the Union territory 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 pr escr ibed. (2) A registered person who has paid integrated tax on a transaction con- sidered 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 the central tax and the Union territory tax payable.Payment of tax. Tr ansfer of input tax credit. Officedrs required to assist proper officers. Tax wrongfully collected and paid to Central Government or Union terriroty Govern- ment. Ex-587/2017 5 13. (1) Where any amount of tax, interest or penalty is payable by a per- son 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 s aid 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 under the appropriate head of Union terrirtory tax. (2) Where the amount recovered under sub-section (1) is less than the amount due to the Government under this Act and the Central Goods and Services Tax Act, the amount to be credited to the account of the Government shall be in proportion to the amount due as Union territory tax and central tax. CHAPTER VII ADVANCE RULING 14. In this Chapter, unless the context otherwise requires,— (a) ‘‘advance ruling’’ means a decision provided by the Author- ity or the Appellate Authority to an applicant on matters or on ques- tions specified in sub-section (2) of section 97 or sub-section (1) of section 100 of the Central Goods and Services Tax Act, in relation to the supply of goods or services or both being undertaken or pro- posed to be undertaken by the applicant; (b) ‘‘Appellate Authority’’ means the Appellate Authority for Advance Ruling constituted under section 16; (c) ‘‘applicant’’ means any person registered or desirous of ob- taining registration under this Act; (d) ‘‘application’’ means an application made to the Author- ity under sub-section (1) of section 97 of the Central Goods and Services Tax Act; (e) ‘‘Authority’’ means the Authority for Advance Ruling, con- stituted under section 15. 15. (1) The Central Government shall, by notification, constitute an Au- thority to be known as the <name of the Union territory> Authority for Advance Ruling: Provided that the Central Government may, on the recommendations of the Council, notify any Authority located in any State or any other Union territory to act as the Authority for the purposes of this Act. (2) T he Authority shall consist of— (i) one member from amongst the officers of central tax; and (ii) one member from amongst the officers of Union ter ritory tax, to be appointed by the Central Government. (3) The qualifications, the method of appointment of the members and the terms and conditions of their service shall be such as may be prescribed. 16.(1) The Central Government shall, by notification, constitute an Ap- pella te Authority to be known as the (name of the Union territ ory) Appellate Authority for Advance Ruling for Goods and Services Tax for hearing appeals against the advance ruling pronounced by the Advance Ruling Authority: Recover y of tax. Definitions. Constitution of Auth ority for Advance Ruling. Constitution of Appellate Authority for Advance Ruling. Ex-587/20176 Provided that the Central Government may, on the recommendations of the Council, notify any Appellate Authority located in any State or any other Union territory to act as the Appellate Authority for the purposes of this Act. (2) The Appellate Authority shall consist of— (i) the Chief Commissioner of central tax as designated by the Board; and (ii) the Commissioner of Union territory tax having ju- risdiction over the applicant. CHAPTER VIII TRANSITIONAL PROVISIONS 17. (1) On and from the appointed day, every person registered under any of the existing laws and ha ving 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 can- celled 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 regis- tration under section 22 or section 24 of the Central Goods and Services Tax Act. 18. (1) A registered person, other than a person opting to pay tax under section 10 of the Central Goods and Services Tax Act, shall be entitled to take, in his electronic credit ledger, credit of the amount of Value Added Tax and Entry 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 exist- ing law, not later than ninety days after the said day, 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 day; or (iii) where the said amount of credit relates to goods sold under such exemption notifications as are notified by the Government: 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 or section 6A or sub-section (8) of section 8 of the Central Sales Tax Act, 1956 that is not substan- tiated 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:Migration of existing tax payers. Transitional arrange- men ts for input tax credit. 74 of 1956.Ex-587/2017 7 Provided also that an amount equiva lent 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 (Regis- tration and Turnover) Rules, 1957. (2) A registered person, other than a person opting to pay tax under sec- tion 10 of the Central Goods and Services Tax Act, shall be entitled to take, in his electronic credit ledger, credit of the unavailed input tax credit in respect of capi- tal 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 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 or goods which have suffered tax at first point of their sale in the Union territory and the subsequent sales of which are not subject to tax in the Union territory under the existing law but which are liable to tax under this Act or where the person was entitled to the credit of input tax at the time of sale of goods, shall be entitled to take, in his electronic credit ledger, credit of the value added tax and entry 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 subject to the fol- lowing 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 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, in- cluding 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. Ex-587/20178 (4) A registered person, who was engaged in the sale of taxable goods as well as exempted goods or tax free goods under the existing law but which are liable to tax under this Act, shall be entitled to take, in his electr onic credit ledger,— (a) the amount of credit of the value added tax and entry 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 and entry 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, relat- ing to such exempted goods or tax free goods 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 and entry 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 existing law, 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 tha t 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 pay- ing 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 goods held in stock on the appointed day subject to 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 of the Central Goods and Services Tax Act; (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 cal- culated in such manner as may be prescribed. 19. (1) Where any inputs received at a pla ce of business ha d been desptached as such or desptached after being partially processed to a job worker for further processing, testing, repair, reconditioning or any other purpose in ac- cordance with the provisions of existing law prior to the appointed day and such Transitional provision s relating to job work.Ex-587/2017 9 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 a period of six months or the extended period from the appointed day, 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 of the Central Goods and Services Tax Act. (2) Where any semi-finished goods had been despatched from any place of business to any other premises for carrying out certain manufacturing pro- cesses in accordance with the provisions of existing law prior to the appointed day and such goods (hereinafter in this 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 pr ocesses 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 of the Central Goods and Services Tax Act: 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 six months or the extended period, as the case may be, from the appointed day. (3) Where any goods had been desp atched fr om the pla ce 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 of the Central Goods and Services Tax Act: Ex-587/201710 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 six months or the extended period, as the case may be, from the appointed day. (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 pre- scribed. 20. (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 the said place of business within a period of six months from the ap- pointed 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 ap- pointed 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 pre- scribed, 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 li- ability. (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:Miscella- neous transitional provisions. Ex-587/2017 11 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 exist- ing law: Provided that where any for refund of input tax credit is fully or partially rejected, the a mount so r ejected sha ll la pse: 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) (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 claim- ant sha ll be refunded to him in cash in accor dance 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 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 sha ll, 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. (6) (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 ap- peal, revision, review or reference, the same sha ll, unless recovered under the existing law, be recovered as an arrear of tax under this Act and amount so recov- ered 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. Ex-587/201712 (7) (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. (8) (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 refund- able 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 credit under this Act. (9) 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. (10) (a) Notwithstanding anything contained in section 12 of the Central Goods and Services Tax Act, no tax shall be payable on goods under this Act to the extent the tax was leviable on the said goods under the existing law. (b) Notwithstanding anything contained in section 13 of the Central Goods and Services Tax Act, 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. (c) Where tax was paid on any supply, both under any existing law relat- ing to sale of goods and under Chapter V of the Finance Act, 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 sup- plies made after the appointed day and such credit shall be calculated in such manner as may be prescribed. (11) 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 be- ing 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: 32 of 1994. 32 of 1994.Ex-587/2017 13 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. (12) Where a supplier has made any sale of goods in respect of which tax was required to be deducted at source under any existing law relating to sale of goods and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 51 of the Central Goods and Services Tax Act, as made applicable to this Act, shall be made by the deductor under the said section where payment to t he said supplier is made on or after the appoint ed day. Explanation.—For the purposes of this Chapter, the expression ‘‘capital goods’’ shall have the same meaning as assigned to it in any existing law relating to sale of goods. CHAPTER IX MISCELLANEOUS 21. Subject to the provisions of this Act and the rules made thereunder, the provisions of the Central Goods and Services Tax Act, relating to,— (i) scope of supply; (ii) composition levy; (iii) composite supply and mixed supply; (iv) time and value of supply; (v) input tax credit; (vi) registration; (vii) tax invoice, credit and debit notes; (viii) accounts and records; (ix) returns; (x) payment of tax; (xi) tax deduction at source; (xii) collection of tax at source; (xiii) assessment; (xiv) refunds; (xv) audit; (xvi) inspection, search, seizure and arrest; (xvii) demands and recovery; (xviii) liability to pay in certain cases; (xix) advance ruling; (xx) appeals and revision; (xxi) presumption as to documents; (xxii) offences and penalties; (xxiii) job work; (xxiv) electronic commerce; (xxv) settlement of funds; (xxvi) transitional provisions; and (xxvii) miscellaneous provisions including the provisions relating to the imposition of interest and penalty, shall, mutatis mutandis, apply,— Application of provi- sions of Central Goods and Services Tax Act. Ex-587/201714 (a) so far as may be, in relation to Union territory tax as they apply in relation to central tax as if they were enacted under this Act; (b) subject to the following modifications and alterations which the Central Government considers necessary and desirable to adapt those provisions to the circumstances, namely:— (i) references to ‘‘this Act’’ sha ll be deemed to be r efer- ences to ‘‘the Union Territory Goods and Services Tax Act, 2017’’; (ii) r eferences to ‘‘Commissioner ’’ sha ll be deemed to be references to ‘‘Commissioner ’’ of Union territory tax as de- fined in clause (2) of section 2 of this Act; (iii) references to ‘‘officers of central tax’’ shall be deemed to be references to ‘‘officers of Union territory tax’’; (iv) references to ‘‘central tax’’ sha ll be deemed to be references to ‘‘Union territory tax’’ and vice versa; (v) references to ‘‘Commissioner of State tax or Com- missioner of Union territory tax’’ shall be deemed to be refer- ences to ‘‘Commissioner of central tax’’; (vi) references to ‘‘State Goods and Services Tax Act or Union Territory Goods and Services Tax Act’’ shall be deemed to be references to ‘‘Central Goods and Services Tax Act’’; (vii) references to ‘‘State tax or Union territory tax’’ shall be deemed to be references to ‘‘central tax’’. 22. (1) T he Centr al 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 Central 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 provi- sions 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) may provide that a contraven- tion thereof shall be liable to a penalty not exceeding ten thousand rupees. 23. The Boar d may, by notifica tion, make regula tions consistent with this Act and the rules made thereunder to carry out the purposes of this Act. 24. Every rule made by the Central Government, every regulation made by the Board and every notification issued by the Central Government under this Act, shall be laid, as soon as may be, after it is made or issued, before each House of Parliament, 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, both Houses agree in making any modification in the rule or regulation or in the notification, as the case may be, or both Houses agree that the rule or regulation or the notification should not be made, the rule orPower to make rules. General power to make regulations Laying of rules, regulations and notifica- tion. Ex-587/2017 15 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 any- thing previously done under that rule or regulation or notification, as the case may be. 25. 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 Union territory ta x officers as he 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. 26. (1) If any difficulty arises in giving effect to any provision of this Act, the Central Government may, on the recommendations of the Council, by a gen- eral 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 there- under, 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 three years from 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, befor e ea ch House of Parliament. Power to issue instructions of direc- tion s. Removal of difficulties. Ex-587/201716 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Wednesday 4.10.2017 Asvina 12, S.E. 1939, Issue No. 588 NOTIFICATIONNo.H.12017/55/2016-LJD, the 18th September. 2017.The following Act is hereby r epub- lished fo r general info rmat io n. “The Goods and Services Tax (Compensation to States) Act, 2017 (Act No. 15 of 2017)”. Vincent Lalrokima, Deputy Secretary to the Govt. of Mizoram. THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) ACT 2017 AN ACT to provide for compensation to the States for the loss of revenue arising on account of implementation of the goods and services tax in pursuance of the provisions of the Constitution (One Hundred and First Amendment) Act, 2016. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:- 1. (1) This Act may be called the Goods and Services Tax (Compensation to States) Act, 2017. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, be notification in the Official Gazette, appoint. 2. (1) In this Act, unless the context otherwise requires,- (a) “central tax” means the central goods and services tax levied and collected under the Central Goods and Services Tax Act; (b ) “Central Goods and Services Tax Act” means the Central and Services Tax Act, 2017;Short title, extent and commen ce- ment Definitions. (c) “cess” means the goods and services tax compensation cess lev- ied under section 8; (d) “compensation” means and amount, in the form of goods and services tax compensation, as determined under section 7; (e) “Council” means the Goods and Services Tax Council consti- tuted under the provisions of article 279A of the Constitution; (f) “Fund” means the Goods and Services Tax Compensation Fund referred to in section 10; (g) “input tax” in relation to a taxable person, means,- (i) cess charged on any supply of goods or ser- vices or both made to him; (ii) cess charged on import of goods and includes the cess paya ble on rever se charge basis; (h) “Integrated Goods and Services Tax Act” means the Integrated Goods and Services Tax Act, 2017; (i) “intergr ated tax” means the integrated goods and services tax levied and collected under the Integrated Goods and Services Tax Act; (j) “prescribed” means prescribed by rules made, on the recommedations of the Council, under this Act; (k) “projected growth rate” means the rate of growth projected for the transition period as per section 3; (l) “Schedule” means the Schedule appended to this Act; (m)“State” means,- (i) For the purposes of sections 3, 4, 5, 6 and 7 the States as defined under the Central Goods and Services Tax Act; and (ii) for the purposes of sections 8, 9, 10, 11, 12, 13 and 14 the Staes as defined under the Central Goods and Services Tax Act and the Union territories as defined under the Union Territories Goods and Services Tax Act, (n) “State tax” means the State goods and services tax levied and collected under the respective State Goods and Services Tax Act; (o) “State Goods and Services Tax Act” means the law to be made by the State Legislature for levy and collection of tax by the concerned State on supply of goods or services or both; (p ) “taxable supply” means a supply of goods or services or both which is chargeable to the cess under this Act; (q) “transition date” shall mean, in respect of any State, the date on which the State Goods and Services Tax Act of the concerned State comes into force; (r) “transition period” means a period of five years from the transi- tion date; and Ex-588/20172 (s ) “Union Territories Goods and Services Tax Act” means the Union Territories Goods and Services Tax Act, 2017. (2 ) The words and exp ressions used and not defined in this Act but defined in the Central Goods and Services Tax Act and the Inte- grated Goods and Services Tax Act shall have the meanings respec- tively assigned to them in those Acts. 3. The projected nominal growth rate of revenue subsumed for a State during the transition period shall be fourteen per cen. per annum. 4. For the purpose of calculating the compensation amount payable in my fina ncia l year during the tr ansition period, the financial year ending 31st March, 2016, shall be taken as the base year. 5. (1) Subject to the provision of sub-sections (2), (3), (4), (5) and (6), the base year revenue for a State shall be the sum of the revenue collected by the State and the local bodies during the base year, on account of the taxes levied by the respective State or Union and net of refunds, with respect to the following taxes, imposed by the respective State or Union, which are subsumed into goods and services tax, namely:- (a) the value added tax, sales tax, purchase tax, tax collected on works contract, or any other tax levied by the concer ned Sta te under t he er st while en tr y 54 of L ist -I I (State List) of the Seventh Schedule to the Constitution; (b ) t he cent r a l s a les t a x levied u nder t he C ent r a l S a les Ta x Act , 1 9 5 6 ; (c) the entry tax, octroi, local body tax or any other tax levied by the concerned State under the erstwhile entry 52 of List-II (State List) of the Seventh Schedule to the Constitution; (d) the taxes on luxuries, including taxes on entertainments, amuse- ments, betting and gambling or any other ta x levied by he concerned State under the erstwhile entry 62 of List-II (State List) of the Sev- en th S c hedule to the constitution; (e) the taxes on advertisement or any other tax levied by the con- cerned State under the erstwhile entry 55 of List-II (State List) of the Seventh Schedule to the Constitution; (f) the duties of excise on medicinal and toilet prepara tions levied by the Union but collect ed a nd reta ined b y the concerned State Govern- ment under the erstwhile article 268 of the Constitution; (g) any cess or surcharge or fee leviable under entry 66 read with entries 52, 54, 55 and 62 of List-II of the Seventh Schedule to the Consti- tution by the State Government under any Act notified under sub-section (4), prior to the commencement of the provisions of the Constitution (One Hundred and First Amendment) Act, 2016: Provided that the revenue collected during the base year in a State, not of refunds, under the following taxes shall not be included in the calculation of the base year revenue for the State, na mely:-Projected growth rate Base year. Base year revenue. 74 of 1956.Ex-588/2017 3 (a) any taxes levied under any Act enacted under the erstwhile entry 54 of List-II (State List) of the Seventh Schedule to the Constitution, prior to the coming into force of the provisions of the Constitution (One Hundred a nd First Amendment) Act, 2016, on the sale or purchase of petroleum crude, high speed diesel, motor spir it (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption; (b ) tax levied unde the Central Sales Tax Act, 1956, on the sale or purchase of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption; (c) any cess imposed by the State Government on the sale or pur- chase of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for hu- man consumption; and (d) the entertainment tax levied by the State but collected by local bodies, under any Act enacted under the erstwhile entry 62 or List-II (State List) of the Seventh Schedule to the Constitution, perior to coming into force of the provisions of the Constitution (One Hundred and First Amend- ment) Act, 2016. (2) In respect of the State of Jammu and Kashmir, the base year revenue shall include the amount of tax collected on sale of services by the said State Government during the base year. (3) In respect of the State mentioned in sub-clause (g) of clause (4) of article 279A of the Constitution, the amount of revenue foregone on account of exemptions or remission given by the said State Governments to promote indus- trial investment in the State, with respect to such specific taxes referred to in sub- section (1), shall be included in the total base year revenue of the State, subject to such conditions as may be prescribed. (4) The Acts of the Central Government and State Governments under which the specific taxes are being subsumed into the goods and services tax shall be such as may be notified. (5) The base year revenue shall be calculated as per sub-sections (1), (2), (3) and (4) on the basis of the figures of revenue collected and net of refunds given in that year, as audited by the Comptroller and Auditor-General of India. (6) In respect of any State, if any part of revenue mentioned in sub-sec- tions (1), (2), (3) and (4) are not credited in the Consolidated Fund of the respec- tive State, the same sha ll be included in the total base year revenue of the State, subject to such conditions as may be prescribed. 6. The projected revenue for any year in a State shall be calculated by applying the projected growth rate over the base year revenue of that State. Illustration.-If the base year revenue for 2015-16 for a concerned State, calculated as per section 5 is one hundred rupees, then the projected revenue for financial year 2018-19 shall be as follows- Projected Revenue for 2018-19=100(1+14/100)3 74 of 1956. Projected revenue for any year. Ex-588/20174 7. (1) The compensation under this Act shall be payable to any State during the transition period. (2) The compensation payable to a State shall be provision- ally calculated and released at the end of every two months period, and shall be finally calculated for every financial year after the re- ceipt of final revenue figures, as a udited by the Comptroller and Auditor-General of India: Provided that in case any excess amount has been released as compensation to a State in any financial year during the transition period, as per the audited figures of revenue collected, the excess amount so released shall be adjusted against the compensation amount payable to such State in the subsequent financial year. (3) The total compensation payable for any financial year during the transition period to any State shall be calculated in the following manner, namely:- (a) the projected revenue for any financial year during the transition period, which could have accrued to a State in the absence of the gooods and services tax, shall be calculated as per section 6; (b ) the actual revenue collected by a State in any finan- cial year during the transition period shall be- (i) the actual revenue from State tax collected by the State, net of refunds given by the said State under Chapters XI and XX of the State Goods and Services Tax Act; (ii) the integrated goods and services tax apportioned to that State; and (iii) any collection of taxes on account of the taxes levied by the respective State under the Acts specified in sub-section (4) of section 5, net of refund of such taxes, as certified by the Comptroller and Auditor-General of India; (c) the total compensation payable in any financial year shall be the difference between the projected revenue for any financial year and the actual revenue collected by a State referred to the cla use (b). (4) The loss of revenue at the end of every two months pe- riod in any year for a State during the transition period shall be cal- culated, at the end of the said period, in the following manner, namely:- (a) the projected revenue that could have been earned by the State in absence of the goods and services tax till the end of the relevant two months period of the respective fi- Calculation and release of compen sa - tion.Ex-588/2017 5 nancial year shall be calculated on a pro-rata basis as a percentage of the total projected revenue for any financial year during the transition period, calculated in accordance with section 6. Illustration.-If the projected revenue for any year calculated in ac- cordance with section 6 is one hundred rupees, for calculating the pro- jected revenue that could be earned till the end of the period of ten months for the purpose of this sub-section shall be 100x(5/6)=Rs.83.33; (b ) the actual revenue collected by a State till the end of relevant two months period in any financial year during the transition period shall be- (i) the actual revenue from State tax collected by the State, not of refunds given by the State under Chapters XI and XX of the State Goods and Services Tax Act; (ii) the integrated goods and services tax apportioned to that State, as certified by the Principal Chief Controller of Accounts of the Cen- tral Board of Excise and Customs; and (iii) any collect ion of ta xes levied by t he sa id Sta te, under the Acts specified in sub-section (4) of section 5, net of refund of such taxes; (c) the provisional compensation payable to any State at the end of the relevant two months period in any financial year shall be the differ- ence between the projected r evenue till the end of the r elevant period in accordance with clause (a) and the actual revenue collected by a State in the said period as referred to in clause (b), reduced by the provisional compensaation paid to a Sta te till the end of the previous two months period in the said financial year during the transition period. (5) In case of any difference between the final compensation amount pay- able to a State calculated in accordance with the provisions of sub-section (3) upon receipt of the audited revenue figures from the Comptroller and Auditor- General of India, and the total provisional compensation a mount released to a State in the said financial year in accordance with the provisions of sub-section (4), the same shall be adjusted against release of compensation to the State in the subsequent financial year. (6) Where no compensation is due to be released in any financial year, and in case any excess amount has been released to a State in the previous year, this amount shall be refunded by the State to the Central Government and such amount shall be credited to the Fund in such manner as may be prescribed. 8. (1) There shall be levied a cess on such intra-State supplies of gooods or services or boths, as provided for in section 9 of the Central Goods and Ser- vices Tax Act, and such inter-State supplies of goods or services or both as pro- vided for in section 5 of the Intergrated Goods and Services Tax Act, and col- lected in such manner as may be prescribed, on the recommendations of the Coun- cil, for the purposes of providing compensation to the States for loss of revenue arising on account of implementation of the goods and services tax with effect from the date from which the provisions of the Central Goods and Services Tax Act is brought into force, for a period of five years or for such period as may be prescribed on the recommendations of the Council:Levy and collection of cess. Ex-588/20176 Provided that no such cess shall be leviable on supplies made by a tax- able person who has decided to opt for composition levy under section 10 of the Central Goods and Services Tax Act. (2) The cess shall be levied on such supplies of goods and services as are specified in column (2) of the Schedule, on the basis of value, quantity or on such basis at such rate not exceeding the rate set forth in the corresponding entry in column (4) of the Schedule, as the Central Government may, on the recommenda- tions of the Council, by notification in the Official Gazette, specify: Provided that where the cess is chargeable on any supply of goods or services or both with reference to their value, for each such supply the value shall be determined under section 15 of the Central Goods and Services Tax Act for all intra-State and inter-State supplies of goods or services or both: Provided further that the cess on goods imported into India shall be lev- ied and collected in accordance with the provisions of section 3 of the Customs Tariff Act, 1975, at the point when duties of customs are levied on the said goods under section 12 of the Customs Act, 1962, on a value determined under the Customs Tariff Act, 1975. 9. (1) Every taxable person, making a taxable supply of goods or services or both, shall- (a) pay the amount of cess as payable under this Act in such manner; (b) furnish such returns in such forms, along with the returns to be filed under the Central Goods and Services Tax Act; and (c) apply for refunds of such cess paid in such form, as may be prescribed. (2) For all purposes of furnishing of returns and claiming refunds, except for the form to be filed, the provisions of the Central Goods and Services Tax Act and the rules made thereunder, shall, as far as may be, apply in relation to the levy and collection of the cess leviable under section 8 on all taxable supplies of goods or services or both, as they apply in relation to the levy and collection of central tax on such supplies under the said Act or the rules made thereunder. 10. (1) The proceeds of the cess leviable under section 8 and such other amounts a s may be recommended by the Council, shall be credited to a non- lapsable Fund known as the Goods and Services Tax Compensation Fund, which shall form part of the public account of India and shall be utilised for purposes specified in the said section. (2) All amounts payable to the States under section 7 shall be paid out of the Fund. (3) Fifty per cent. of the amount remaining unutilised in the Fund at the end of the transition period shall be transferred to the Consolidated Fund of India as the share of Centre, and the balance fifty per cent. shall be distributed amongst the States in the ratio of t heir total r evenues from the State tax or the Union territory goods and services tax, as the case may be, in the last year of the transi- tion period. Returns, payments and refunds.51 of 1975. 52 of 1962. Crediting proceeds of cess to Fund.Ex-588/2017 7 (4) The accounts relating to Fund shall be audited by the Comptroller and Auditor-General of India or any person appointed by him at such intervals as may be specified by him and any expenditure in connection with such audit shall be payable by the Central Government to the Comptroller and Auditor-General of India. (5) The accounts of the Fund, as certified by the Comptroller and Audi- tor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be laid before each House of Parliament. 11. (1) T he provisions of the Central Goods and Services Tax Act, and the rules made thereunder, including those relating to assessment, input tax credit, non-levy, short-levy, interest, appeals, offences and penalties, shall, as far as may be,mutatis mutandis, apply, in relation to the levy and collection of the cess leviable under section 8 on the intra-State supply of goods and services, as they apply in relation to the levy and collection of central tax on such intra-State sup- plies under the said Act or the rules made thereunder. (2) T he provisions of the Integrated Goods and Services Tax Act, and the rules made thereunder, including those relating to assessment, input tax credit, non-levy, short-levy, interest, appeals, offences and penalties, shall, mutatis mutan- dis, apply in relation to the levy and collection of the cess leviable under section 8 on the inter-State supply of goods and services, as they apply in relation to the levy and collection of integrated tax on such inter-State supplies under the said Act or the rules made ther eunder. Provided that the input tax credit in respect of cess on supply of goods and services leviable under section 8, shall be utilised only towards payment of said cess on supply of goods and services leviable under the said section. 12(1) T he Central Government shall, on the recommendations of the Council, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the conditions which were included in the total base year revenue of the States, referred to in sub-clause (g) of clause (4) of article 279A of the Constitution, under sub-section (3) of section 5; (b) the conditions subject to which any part of revenues not credited in the Consolidated Fund of the respective State shall be included in the total base year revenue of the State, under sub- section (6) of section 5; (c) the manner of refund of compensation by the States to the Central Government under sub-section (6) of section 7; (d) the manner of levy and collection of cess a nd the period of its imposition under sub-section (1) of section 8; (e) the manner and forms for payment of cess, furnish- ing of returns and refund of cess under sub-section (1) of section 9; andOth er provision s relating to cess. Power to make rules Ex-588/20178 (f) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. 13. Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, 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, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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. 14. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, on the recommendations of the Council, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.Laying of rules befor e Parliament. Power to remove difficulties Ex-588/2017 9 THE SCHEDULE [See section 8 (2)] 1. In this Schedule, reference to a “tariff item”. “heading”, “sub-heading” and “Chapter”, wherever they occur, shall mean respectively a tariff item, head- ing, sub-heading and Chapter in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975). 2. T he rules for the interpretation of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), the section adn Chapter Notes and the General Explanatory Notes of the First Schedule shall, so far as may be, apply to the interpretation of this Schedule. S.No. Descr iption of supply ofTariff item heading, The maximum rate at which goods or ser vicessub-headin g, Chapter goods and ser vices tax or supply of goods or compansation cess may be services, as the case collected may be (1)(2)(3)(4) 1.Pan Masala21069020One hundred an d thirty-five per cent.ad valorem. 2.Tobacco and manufactur ed24Four th ousand one hundred tobacco substitute, includingand seventy rupees per tobacco productsthousand sticks or two hundred and ninety per cent. ad valorem or a combination thereof, but n ot exceeding four thousand one hundred and seventy rupees per thousand sticks plus two hundred and ninety per cent. ad valorem. 3.Coal. briquettes, ovoids and 2701,2702 or 2703Four hundred rupees per similar solid fuels manufac-tonn e. tured from coal, lignite, whether or not agglomerated, excluding jet, peat (including peat litter), whether or not agglomerated. 4.Aerated waters.2202 10 10Fifteen per cent. ad valorem. 5.Motor cars and other motor 8703Fifteen per cent.ad valorem. vehicles principally designed for the transport of per sons (other than motor vehicles for the transport of ten or more persons, including the driver), including station wagons and racing cars. 6.Any other suppliesFifteen per cent,ad valorem.Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50Ex-588/201710

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Wednesday 4.10.2017 Asvina 12, S.E. 1939, Issue No. 589 NOTIFICATIONNo.H.12017/55/2016-LJD, the 18th September, 2017.The following Act is hereby r epub- lished fo r general info rmat io n. “The Human Immunodeficiency Virus and Acquired Immune Deficincy Syndrome (Pre- vention and Conrol) Act, 2017 (Act No. 16 of 2017)”. Vincent Lalrokima, Deputy Secretary to the Govt. of Mizoram. THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND CONTROL ACT, 2017 AN ACT to provide for the prevention and control of the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and for the protection of human rights of persons affected by the said virus and syndrome and for matters connected therewith or incidental thereto. WHEREAS the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome is a matter of grave concern to all and there is an urgent need for the prevention and control of said virus and syndrome; AND WHEREAS there is a need to protect and secure the human rights of persons who are HIV-positive, affected by Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and vulnerable to the said virus and syndrome; AND WHEREAS there is a necessity for effective care, support and treatment for Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; AND WHEREAS there is a need to protect the rights of healthcare providers and other persons in relation to Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; AND WHEREAS the General Assembly of the United Nations, recall- ing and reaffirming its previous commitments on Human Immunodeficiency Vi- rus and Acquired Immune Deficiency Syndrome, has adopted the Declaration of Commitment on Huma n Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (2001) to address the problems of Human Immunodefi- ciency Virus and Acquired Immune Deficiency Syndrome in all its aspects and to secure a global commitment to enhancing coordination and intensification of national, regional and international efforts to combat it in a comprehensive manner; AND WHEREAS the Republic of India, being a signatory to the afore- said Declaration, it is expedient to give effect to the said Declaration. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:–– CHAPTER I P RELIMINARY 1. (1) This Act may be called the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2.In this Act, unless the context otherwise requires,— (a) “AIDS” means Acquired Immune Deficiency Syndrome, a condition characterised by a combination of signs and symp- toms, caused by Human Immunodeficiency Virus, which attacks and weakens the body’s immune system making the HIV-positive person susceptible to life threatening conditions or other condi- tions, as may be specified from time to time; (b) “capacity to consent” means ability of an individual, deter- mined on an objective basis, to understand and appreciate the nature and consequences of a proposed action and to make an informed decision concerning such action; (c) “child affected by HIV” means a person below the age of eighteen years, who is HIV-posit ive or whose parent or gua rdian (with whom such child normally resides) is HIV-positive or has lost a parent or guardian (with whom such child resided) due to AIDS or lives in a household fostering children orphaned by AIDS; (d) “discrimination” means any act or omission which directly or indirectly, expressly or by effect, immediately or over a period of time,— Short title extent and commen ce- ment. Definitions.Ex-589/20172 (i) imposes any burden, obligation, liability, dis ability or disadvantage on any person or category of per sons, based on one or more HIV-related grounds; or (ii) denies or withholds any benefit, opportunity or advantage from any person or category of persons, based on one or more HIV-related grounds, and the ex pression “discriminate” to be construed accordingly. Explanation 1.—For the purposes of this clause, HIV-related grounds include— (i) being an HIV-positive person; (ii) ordinarily living, residing or cohabiting with a person who is HIV-positive person; (iii) ordinarily lived, resided or cohabited with a person who was HIV-positive. Explanation 2.—For the removal of doubts, it is hereby clarified that adoption of medically advised safeguards and precautions to minimise the risk of infection shall not amount to discrimination; (e) “domestic relationship” means a relationship as defined under clause (f) of section 2 of the Protection of Women from Do- mestic Violence Act, 2005; (f) “establishment” means a body corporate or co-operative society or any organisation or institution or two or more persons jointly carrying out a systematic activity for a period of twelve months or more at one or more places for consideration or other- wise, for the production, supply or distribution of goods or services; (g) “guidelines” means any statement or any other document issued by the Central Government indicating policy or procedure or course of action relating to HIV and AIDS to be followed by the Central Government, State Governments, governmental and non-gov- ernmental organisations and establishments and individuals dealing with prevention, control and treatment of HIV or AIDS; (h) “ healthcare provider ” means any individual whose voca- tion or profession is directly or indirectly related to the maintenance of the health of another individual and includes any physician, nurse, par amedic, psychologist, counsellor or other individua l pr oviding medical, nursing, psychological or other healthcare services includ- ing HIV prevention and treatment services; (i) “HIV” means Human Immunodeficiency Virus; (j) “HIV-affected person” means an individual who is HIV-posi- tive or whose partner (with whom such individual normally resides) is HIV-positive or has lost a partner (with whom such individual resided) due to AIDS; (k) “HIV-positive person” means a person whose HIV test has been confirmed positive; (l) “HIV-related information” means any information relating to the HIV status of a person and includes— 43 of 2005.Ex-589/2017 3 (i) information relating to the undertaking per forming the HIV test or result of an HIV test; (ii) information relating to the care, support or treatment of that person; (iii) information which may identify that person; and (iv) any other information concerning that per son, which is collected, received, accessed or recorded in connection with an HIV test, HIV treatment or HIV- related research or the HIV status of that person; (m) “HIV test” means a test to determine the presence of an antibody or antigen of HIV; (n) “informed consent” means consent given by any indi- vidual or his representative specific to a proposed intervention with- out any coercion, undue influence, fraud, mistake or misrepresenta- tion and such consent obtained after informing such individual or his representative, as the case may be, such information, as specified in the guidelines, relating to risks and benefits of, and alternatives to, the proposed intervention in such language and in such manner as understood by that individual or his representative, as the case may be; (o) “notification” means a notification published in the Offi- cia l Gazette; (p) “partner” means a spouse, de facto spouse or a person with whom another person has relationship in the nature of marriage; (q) “person” includes an individual, a Hindu Undivided Fam- ily, a company, a firm, an association of persons or a body of indi- viduals, whether incorporated or not, in India or outside India, any corporation established by or under any Central or State Act or any company including a Government company incorporated under the Companies Act, 1956, any Limited Liability Partnership under the Limited Liability Partnership Act, 2008, any body corporate incor- porated by or under the laws of a country outside India, a co-opera- tive society registered under any law relating to co-operative societ- ies, a local authority, and every other artificial juridical person; (r) “prescribed” means prescribed by rules made by the Central Government or the State Government, as the case may be; (s) “protected person” means a person who is— (i) HIV-Positive; or (ii) ordinarily living, residing or cohabiting with a person who is HIV-positive person; or (iii) ordinarily lived, resided or cohabited with a person who was HIV- positive; (t) “reasonable accommodation” means minor adjustments to a job or work that enables an HIV-positive person who is otherwise qualified to enjoy equal benefits or to perform the essentia l func- tions of the job or work, as the case may be; (u) “rela tive”, with r eference to the protected person, means—1 of 1956. 6 of 2009. Ex-589/20174 (i) spouse of the protected person; (ii) parents of the protected person; (iii) brother or sister of the protected person; (iv) brother or sister of the spouse of the pro- tected person; (v) brother or sister of either of the parents of the protected person; (vi) in the absence of any of the relatives men- tioned at sub-clauses (i) to (v), any lineal ascendant or descendant of the protected person; (vii) in the absence of any of the relatives men- tioned at sub-clauses (i) to (vi), any lineal ascendant or descendant of the spouse of the protected person; (v) “significant-risk” means— (a) the presence of significant-risk body substances; (b) a circumstance which constitutes significant-risk for trans- mitting or contracting HIV infection; or (c) the presence of an infectious source and an uninfected person. Explanation.—For the purpose of this clause,— (i) “significant-risk body substances” are blood, blood prod- ucts, semen, vaginal secretions, breast milk, tissue and the body flu- ids, namely, cerebrospinal, amniotic, peritoneal, synovial, pericar- dial and pleural; (ii)‘‘circumstances which constitute significant-risk for trans- mitting or contracting HIV infection” are— (A) sexual intercourse including va gina l, ana l or or al sexual intercourse which exposes an uninfected person to blood, blood products, semen or vaginal secretions of an HIV-positive person; (B) sharing of needles and other paraphernalia used for preparing and injecting drugs between HIV-positive persons and uninfected persons; (C) the gestation, giving birth or breast feeding of an infant when the mother is an HIV-positive person; (D) transfusion of blood, blood products, and transplan tation of organs or other tissues from an HIV-positive person to an uninfected person, provided such blood, blood products, or- gans or other tissues have not been tested conclusively for the antibody or antigen of HIV and have not been rendered non- infective by heat or chemical treatment; and (E) other circumstances during which a significant- risk body substance, other than breast milk, of an HIV-positive person contacts or may contact mucous membranes including eyes, nose or mouth, non-intact skin including open wounds, skin with a dermatitis condition or abraded areas or the vascular system of an uninfected person, and including such circum stances not limited to needle-stick or puncture wound injuries and direct saturation or permeation of these body surfaces by the significant-risk body substances:Ex-589/2017 5 Provided that “significant-risk” shall not include— (i) exposure to urine, faeces, sputum, na sal secretions, saliva, sweat, tears or vomit that does not contain blood that is visible to the naked eye; (ii) human bites where there is no direct blood to blood, or no blood to mucous membrane contact; (iii) exposure of intact skin to blood or any other blood substance; and (iv) occupational centres where individuals use scien- tifically accepted Universal Precautions, prohibitive techniques and preventive practices in circumstances which would other- wise pose a significant-risk and such techniques are not breached and remain intact; (w) “State AIDS Control Society” means the nodal agency of the State Government responsible for implementing programmes in the field of HIV and AIDS; (x) “State Government”, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; and (y) “Universal Precautions” means control measures that pre- vent exposure to or reduce, the risk of transmission of pathogenic agents (including HIV) and includes education, tr aining, personal protective equipment such as gloves, gowns and masks, hand wash- ing, and employing safe work practices. CHAPTER II PROHIBITION OF CERTAIN ACTS 3. No person shall discriminate against the protected person on any ground including any of the following, namely:— (a) the denial of, or termination from, employment or occupation, unless, in the case of termination, the person, who is otherwise quali- fied, is furnished with— (i) a copy of the written assessment of a qualified and independent healthcare provider competent to do so that such protected person poses a significant risk of transmission of HIV to other person in the workplace, or is unfit to perform the duties of the job; and (ii) a copy of a written statement by the employer stating the nature and extent of administrative or financial hardship for not providing him reasonable accommodation; (b) the unfa ir treatment in, or in relation to, employment or occu pation; (c) the denial or discontinuation of, or, unfair treatment in, hea lthcare services; (d) the denial or discontinuation of, or unfair treatment in, educational, establishments and services thereof; (e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity Prohibition of discrimi- nation.Ex-589/20176 dedicated to the use of the general public or customarily available to the public, whether or not for a fee, including shops, public restau- rants, hotels and places of public entertainment or the use of wells, tanks, bathing ghats, roads, burial grounds or funeral ceremonies and places of public resort; (f) the denial, or, discontinuation of, or unfair treatment with regard to, the right of movement; (g) the denial or discontinuation of, or, unfair treatment with regard to, the right to reside, purchase, rent, or otherwise occupy, any property; (h) the denial or discontinuation of, or, unfair treatment in, the opportunity to stand for, or, hold public or private office; (i) the denial of access to, removal from, or unfair treatment in, Government or private establishment in whose care or custody a person may be; (j) the denial of, or unfair treatment in, the provision of insur- ance unless supported by actuarial studies; (k) the isolation or segregation of a protected person; (l) HIV testing as a pre-requisite for obtaining employment, or accessing healthcare services or education or, for the continuation of the same or, for accessing or using any other service or facility: Provided that, in case of failure to furnish the written assessment under sub-clause (i) of clause (a), it shall be presumed that there is no significant-risk and that the person is fit to perform the duties of the job, as the case may be, and in case of the failure to furnish the written statement under sub-clause (ii) of that clause, it shall be presumed that there is no such undue administrative or finan- cial hardship. 4. No person shall, by words, either spoken or written, publish, propa- gate, advocate or communicate by signs or by visible representation or otherwise the feelings of hatred against any protected persons or group of protected person in general or specifically or disseminate, broadcast or display any information, advertisement or notice, which may reasonably be construed to demonstrate an intention to propagate hatred or which is likely to expose protected persons to hatred, discrimination or physical violence. CHAPTER III I NFORMED CONSENT 5. (1) Subject to the provisions of this Act,— (a) no HIV test shall be undertaken or performed upon any person; or (b) no protected person shall be subject to medical treatment, medical interventions or research, except with the informed consent of such person or his representative and in such manner, as may be specified in the guidelines. (2) The informed consent for HIV test shall include pre-test and post-test counselling to the person being tested or such person’s representative in the man- ner as may be specified in the guidelines.Prohibition of certain ects. Informed con sen t for undertaking HIV test or treatment. Ex-589/2017 7 6.The informed consent for conducting an HIV test shall not be required— (a) where a court determines, by an order that the carrying out of the HIV test of any person either as part of a medical examination or otherwise, is necessa ry for the determination of issues in the matter before it; (b) for procuring, processing, distribution or use of a human body or any part thereof including tissues, blood, semen or other body fluids for use in medical research or therapy: Provided tha t where the test result s are requested by a donor prior to donation, the donor shall be referred to counselling and testing centre and such donor shall not be entitled to the results of the test unless he has received post-test counselling from such centre; (c) for epidemiological or surveillance purposes where the HIV test is anonymous and is not for the purpose of determining the HIV status of a person: Provided that persons who are subjects of such epidemiological or sur- veillance studies shall be informed of the purposes of such studies; and (d) for screening purposes in any licensed blood bank. 7.No HIV test shall be conducted or performed by any testing or diag- nostic centre or pathology laboratory or blood bank, unless such centre or labora- tory or blood bank follows the guidelines laid down for such test. CHAPTER IV DISCLOSURE OF HIV STATUS 8. (1) Notwithstanding anything contained in any other law for the time being in force,— (i) no person shall be compelled to disclose his HIV sta- tus except by an order of the court that the disclosure of such information is necessary in the interest of justice for the deter- mination of issues in the matter before it; (ii) no person shall disclose or be compelled to disclose the HIV status or any other private information of other person imparted in confidence or in a relationship of a fiduciary nature, except with the informed consent of that other person or a repre sentative of such another person obtained in the manner as specified in section 5, as the case may be, and the fact of such consent has been recorded in writing by the person making such disclosure: Provided that, in case of a relationship of a fiduciary nature, informed consent shall be recorded in writing. (2) The informed consent for disclosure of HIV-related information under clause (ii) of sub-section (1) is not required where the disclosure is made— (a) by a healthcare provider to another healthcare provider who is involved in the care, treatment or counselling of such person, Inforned concent not required for conducting HIV tests in certain cases. Guidelines for testing centres. etc. Disclosur e of HIV status.Ex-589/20178 when such disclosure is necessary to provide care or treatment to that person; (b) by an order of a court that the disclosure of such informa- tion is necessary in the interest of justice for the determination of issues and in the matter before it; (c) in suits or legal proceedings between persons, where the disclosure of such information is necessary in filing suits or legal proceedings or for instructing their counsel; (d) as required under the provisions of section 9; (e) if it relates to statistical or other information of a person that could not reasonably be expected to lead to the identification of that person; and (f) to the officers of the Central Government or the State Gov- ernment or State AIDS Control Society of the concerned State Gov- ernment, as the case may be, for the purposes of monitoring, evalu- ation or supervision. 9. (1) No healthcare provider, except a physician or a counsellor, shall disclose the HIV-positive status of a person to his or her partner. (2) A healthcare provider, who is a physician or counsellor, may disclose the HIV- positive status of a person under his direct care to his or her partner, if such healthcare provider— (a) reasonably believes that the partner is at the significant risk of transmission of HIV from such person; and (b) such HIV-positive person has been counselled to inform such partner; and (c) is satisfied that the HIV-positive person will not inform such partner; and (d) has informed the HIV-p ositive person of the intention to disclose the HIV-positive status to such partner: Provided that disclosure under this sub-section to the partner shall be made in person after counselling: Provided further that such healthcare provider shall have no obligation to identify or locate the partner of an HIV-positive person: Provided also that such healthcare provider shall not inform the partner of a woman where there is a reasonable apprehension that such information may resu lt in violence, abandonment or actions which may have a sever e nega tive effect on the physical or mental health or safety of such woman, her children, her relatives or someone who is close to her. (3) The healthcare provider under sub-section (1) shall not be liable for any criminal or civil action for any disclosure or non-disclosure of confidential HIV-related information made to a partner under this section. 10. Every person, who is HIV-positive and has been counselled in ac- cor dance with the guidelines issued or is aware of the na ture of HIV and its transmission, shall take all reasonable precautions to prevent the transmission of HIV to other persons which may include adopting strategies for the reduction of risk or informing in advance his HIV status before any sexual contact with any person or with whom needles are shared with:Disclosur e of HIV- positive statin to partner of HIV-positive person. Duty to prevent tr ansmission of HIV. Ex-589/2017 9 Provided that the provisions of this section shall not be applicable to prevent transmission through a sexual contact in the case of a woman, where there is a reasonable apprehension that such information may result in violence, abandonment or actions which may have a severe negative effect on the physical or mental health or safety of such woman, her children, her relatives or someone who is close to her. CHAPTER V OBLIGATION OF ESTABLISHMENTS 11. Every establishment keeping the records of HIV-related information of protectedpersons shall adopt data protection measures in accordance with the guidelines to ensure that such information is protected from disclosure. Explanation.— For the purpose of this section, data protection measures shall include procedures for protecting information from disclosure, procedures for accessing information, provision for security systems to protect the informa- tion stored in any form and mechanisms to ensure accountability and liability of persons in the establishment. 12. The Central Government shall notify model HIV and AIDS policy for establishments, in such manner, as may be prescribed. CHAPTER VI A NTI - RETROVIRAL T HERAPY AND O PPORTUNISTIC I NFECTION M ANAGEMENT FOR PEOPLE LIVING WITH HIV 13. The Central Government and every State Government, as the case may be, shall take all such measures as it deems necessary and expedient for the prevention of spread of HIV or AIDS, in accordance with the guidelines. 14. (1) The measures to be taken by the Central Government or the State Govern- ment under section 13 shall include the measures for providing, as far as possible, diagnostic facilities relating to HIV or AIDS, Anti-retroviral Therapy and Oppor- tunistic Infection Management to people living with HIV or AIDS. (2) The Central Government shall issue necessary guidelines in respect of protocols for HIV and AIDS relating to diagnostic facilities, Anti-retroviral Therapy and Opportunistic Infection Management which shall be applicable to all persons and shall ensure their wide dissemination. CHAPTER VII WELFARE MEASURES BY THE C ENTRAL G OVERNMENT AND S TATE G OVERNMENT 15. (1) The Central Government and every State Government shall take measures to facilitate better access to welfare schemes to persons infected or affected by HIV or AIDS. Confidenti- ality of data. HIV and AIDS policy for establish- ment. Central Government and State Government to take measures. Antiretroviral Therapy and Opportunis- tic Infection Man agement by Central Government and State Government. Welfare measures by Central Government and State Government. Ex-589/201710 (2) Without prejudice to the provisions of sub-section (1), the Central Government and State Governments shall frame schemes to address the needs of all protected persons. 16. (1) The Central Government or the State Government, as the case may be, shall take appropriate steps to protect the property of children affected by HIV or AIDS for the protection of property of child affected by HIV or AIDS. (2) The parents or guardians of children affected by HIV and AIDS, or any person acting for protecting their interest, or a child affected by HIV and AIDS may approach the Child Welfare Committee for the safe keeping and de- posit of documents related to the property rights of such child or to make com- plaints relating to such child being dispossessed or actual dispossession or tres- pass into such child’s house. Explanation.—For the purpose of this section, “Child Welfare Commit- tee” means a Committee set-up under section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 17. The Central Government and the State Government shall formulate HIV and AIDS related information, education and communication programmes which are age-appropriate, gender-sensitive, non-stigmatising and non-discrimi- natory. 18. (1) The Central Government shall lay down guidelines for care, sup- port and treatment of children infected with HIV or AIDS. (2) Without prejudice to the generality of the provisions of sub-section (1) and notwithstanding anything contained in any other law for the time being in force, the Central Government, or the State Government as the case may be, shall take measures to counsel and provide information regarding the outcome of pregnancy and HIV-related treatment to the HIV infected women. (3) No HIV positive woman, who is pregnant, shall be subjected to sterilisation or abortion without obtaining her informed consent. CHAPTER VIII SAFE WORKING ENVIRONMENT 19. Every establishment, engaged in the healthcare services and every such other establishment where there is a significant risk of occupational expo- sure to HIV, shall, for the purpose of ensuring safe working environment,— (i) provide, in accordance with the guidelines,— (a) Universal Precautions to all persons working in such es- tablishment who may be occupationally exposed to HIV; and (b) training for the use of such Universal Precautions; (c) Post Exposure Prophylaxis to all persons working in such establishment who may be occupationally exposed to HIV or AIDS; andProhibition of discrimi- nation. Promotion of HIV and AIDS related information, education and commu- nication programmes. Women and ch ildr en infected with HIV or AIDS. 56 of 2000. Obigation of establish - ment to provide safe working environ- ment. Ex-589/2017 11 (ii) inform and educate all persons working in the estab lishment of the availability of Universal Precautions and Post Exposure Prophylaxis. 20. (1) The provisions of this Chapter shall be applicable to all establish- ments consisting of one hundred or more persons, whether as a n employee or officer or member or director or trustee or manager, as the case may be: Provided that in the case of healthcare establishments, the provi- sions of this sub-section shall have the effect as if for the words “one hundred or more”, the words “twenty or more” had been substituted. (2) Every person, who is in charge of an establishment, referred to in sub- section (1), for the conduct of the activities of such establishment, shall ensure compliance of the provisions of this Act. 21. Every establishment referred to in sub-section (1) of section 20 shall designate su ch person, as it deems fit, as the Complaint s Officer who shall dispose of complaints of violations of the provisions of this Act in the establish- ment, in such manner and within such time as may be prescribed. CHAPTER IX PROMOTION OF STRATEGIES FOR REDUCTION OF RISK 22. Notwithstanding anything contained in any other la w for the time being in force any strategy or mechanism or technique adopted or implemented for reducing the risk of HIV transmission, or any act pursuant thereto, as carried out by persons, establishments or organisations in the manner as may be speci- fied in the guidelines issued by the Central Government shall not be restricted or prohibited in any manner, and shall not amount to a criminal offence or attract civil liability. Explanation.—For the purpose of this section, strategies for reducing risk of HIV transmission means promoting actions or practices that minimise a person’s risk of exposure to HIV or mitigate the adverse impacts related to HIV or AIDS including— (i) the provisions of information, education and counselling ser- vices relating to prevention of HIV and safe practices; (ii) the provisions and use of safer sex tools, including condoms; (iii) drug substitution and drug maintenance; and (iv) provision of comprehensive injection safety requirements. Illustrations (a) A supplies condoms to B who is a sex worker or to C, who is a client of B. Neither A nor B nor C can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the strategy. (b) M carries on an intervention project on HIV or AIDS and sexual health information, education and counselling for men, who ha ve sex with men, pr ovides safer sex information, ma terial a nd condoms to N, who has sex with other men. Neither M nor N can be held criminally or civilly liable for such actions or be prohibited, Gentral responsibil- ity of establish - ment. Strategies for reduction of risk. Grievance redressal mechanism. Ex-589/201712 impeded, restricted or prevented from implementing or using the intervention. (c) X, who undertakes an intervention pr oviding r egistered needle exchange programme services to injecting drug users, sup- plies a clean needle to Y, an injecting drug user who exchanges the same for a used needle. Neither X nor Y can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or prevented from implementing or using the intervention. (d) D, who carr ies on an intervention progr amme providing Opioid Substitution Treatment (OST), administers OST to E, an in- jecting drug user. Neither D nor E can be held criminally or civilly liable for such actions or be prohibited, impeded, restricted or pre- vented from implementing or using the intervention. CHAPTER X A PPOINTMENT OF O MBUDSMAN 23. (1) Every State Government shall appoint one or more Ombuds- man,— (a) possessing such qualification and experience as may be pre- scribed, or (b) designate any of its officers not below such rank, as may be prescribed, by that Government, to exercise such powers and dis- charge such functions, as may be conferred on Ombudsman under this Act. (2) The terms and condition of the service of an Ombudsman appointed under clause (a) of sub- section (1) shall be such as may be prescribed by the State Government. (3)T he Ombudsman appointed under sub-section (1) shall have such ju- risdiction in respect of such area or areas as the State Government may, by notifi- cation, specify. 24.(1) The Ombudsman shall, upon a complaint made by any person, inquire into the violations of the provisions of this Act, in relation to acts of discrimination mentioned in section 3 and providing of hea lthcare services by any person, in such manner as may be prescribed by the State Government. (2) The Ombudsman may require any person to furnish information on such points or matters, as he considers necessary, for inquiring into the matter and any person so required shall be deemed to be legally bound to furnish such information and failure to do so shall be punishable under sections 176 and 177 of the Indian Penal Code. (3) The Ombudsman shall maintain records in such manner as may be prescribed by the State Government. 25. The complaints may be made to the Ombudsman under sub-section (1) of section 24 in such manner, as may be prescribed, by the State Government.Appoint- ment of Ombuds- man. Powers of Ombuds- man. Procedure of complaint. 45 of 1860.Ex-589/2017 13 26. The Ombudsman shall, within a period of thirty days of the receipt of the complaint under sub-section (1) of section 24, and after giving an opportunity of being heard to the parties, pass such order, as he deems fit, giving reasons therefor : Provided that in cases of medical emergency of HIV positive persons, the Ombudsman shall pass such order as soon as possible, preferably within twenty- four hours of the receipt of the complaint. 27. All authorities including the civil authorities functioning in the area for which the Ombudsman has been appointed under section 23 shall assist in execution of orders passed by the Ombudsman. 28. The Ombudsman shall, after every six months, report to the State Government, the number and nature of complaints received, the action taken and orders passed in relation to such complaints and such report shall be published on the website of the Ombudsman and a copy thereof be forwarded to the Central Government . CHAPTER XI SPECIAL PROVISIONS 29. Every protected person shall have the right to reside in the shared household, the right not to be excluded from the shared household or any part of it and the right to enjoy and use the facilities of such shared household in a non-discriminatory manner. Explanation.—For the purposes of this section, the expression “shared household” means a household where a person lives or at any stage has lived in a domestic relationship either singly or along with another person and includes such a household, whether owned or tenanted, either jointly or singly, any such household in respect of which either person or both, jointly or singly, have any right, title, interest or equity or a household which may belong to a joint family of which either person is a member, irrespective of whether either person has any right, title or interest in the shared household. 30. The Central Government shall specify guidelines for the provision of HIV-related information, education and communication before marriage and ensure their wide dissemination. 31. (1) Every person who is in the care or custody of the State shall have the right to HIV prevention, counselling, test ing a nd treatment services in accor da nce with the guidelines issued in this regard. Orders of Ombuds- man. Authorities to assist Ombudsman. Report to State Government. Right of residence. HIV-related information, education and commu- nication berore marriage Persons in care or custody of State. Persons in care or custody of State Ex-589/201714 (2) For the purposes of this section, persons in the care or custody of the State include persons convicted of a crime and serving a sentence, persons await- ing trial, person detained under preventive detention laws, persons under the care or custody of the State under the Juvenile Justice (Care and Protection of Chil- dren) Act, 2000, the Immoral Traffic (Prevention) Act, 1956 or any other law and persons in the care or custody of State run homes and shelters. 32. Notwithstanding anything contained in any law for the time being in force, a person below the age of eighteen but not below twelve years, who has sufficient maturity of understanding and who is managing the affairs of his fam- ily affected by HIV and AIDS, shall be competent to act as guardian of other sibling below the age of eighteen years for the following purposes, namely:— (a) admission to educational establishments; (b) care and protection; (c) treatment; (d) operating bank accounts; (e) managing property; and (f) any other purpose that may be required to discharge his du- ties as a guardian. Explanation.—For the purposes of this section, a family affected by HIV or AIDS means where both parents and the legal guardian is incapacitated due to HIV-related illness or AIDS or the legal guardian and parents are unable to dis- charge their duties in relation to such children. 33. (1) Notwithstanding anything contained in any law for the time being in force, a parent or legal guardian of a child affected by HIV and AIDS may appoint, by making a will, an adult person who is a relative or friend, or a person below the age of eighteen years who is the managing member of the family af- fected by HIV and AIDS, as referred to in section 33, to act as legal guardian immediately upon incapacity or death of such parent or legal guardian, as the case may be. (2) Nothing in this section shall divest a parent or legal guardian of their rights, and the guardianship referred to in sub-section (1) shall cease to operate upon by the parent or legal guardian regaining their capacity. (3) Any parent or legal guardian of children affected by HIV and AIDS may make a will appointing a guardian for care and protection of such children and for the property that such children would inherit or which is bequeathed through the will made by such parent or legal guardian. CHAPTER XII SPECIAL PROCEDURE IN COURT 34. (1) In any legal proceeding in which a protected person is a party or such person is an applicant, the court, on an application by such person or any other person on his behalf may pass, in the interest of justice, any or all of the following orders, namely:— (a) t hat the proceeding or any part thereof be conduct ed by suppressing the identity of the applicant by substituting the name of such person with a pseudonym in the records of the proceedings in such manner as may be prescribed; 56 of 2000. 104 of 1956. Recogn ition of guardian- ship of older sibling. Living with for guardian- ship and testamentary guardian- ship. Suppression of identity. Ex-589/2017 15 (b) that the proceeding or any part thereof may be conducted in camera; (c) restraining any person from publishing in any manner any matter leading to the disclosure of the name or status or identity of the applicant. (2) In a ny legal proceeding concerning or relating to an HIV-posit ive person, the court shall take up and dispose of the proceeding on priority basis. 35. In any maintenance application filed by or on behalf of a protected person under any law for the time being in force, the court shall consider the application for interim maintenance and, in passing any order of maintenance, shall take into account the medical expenses and other HIV-related costs that may be incurred by the applicant. 36. In passing any order relating to sentencing, the HIV-positive status of the persons in respect of whom such an order is passed shall be a relevant factor to be considered by the court to determine the custodial place where such person sha ll be transferred to, based on the ava ilability of proper healthcare services at such pla ce. CHAPTER XIII PENALTIES 37. Notwithstanding any action that may be taken under any other law for the time being in force, whoever contravenes the provisions of section 4 shall be punished with imprisonment for a term which shall not be less than thr ee months but which may extend to two years and with fine which may extend to one lakh rupees, or with both. 38. Whoever fails to comply with any order given by an Ombudsman within such time as may be specified in such order, under section 26, shall be liable to pay a fine which may extend to ten thousand rupees and in case the failure continues, with an additional fine which may extend to five thousand ru- pees for every day during which such failure continues. 39. Notwithstanding any action that may be taken under any law for the time being in force, whoever discloses information regarding the HIV status of a protected person which is obtained by him in the course of, or in relation to, any proceedings before any court, shall be punishable with fine which may extend to one lakh rupees unless such disclosure is pursuant to any order or direction of a court. 40. No person shall subject any other person or persons to any detriment on the gr ound that such person or persons have taken any of the following act ions, namely:— (a) made complaint under this Act; (b) brought proceedings under this Act against any person; (c) furnished any information or produced any document to a person exercising or performing any power or function under this Act; or (d) appeared as a witness in a proceeding under this Act. Maintenance applications. Sentencing. Pen alty for contraven- tion. Pen alty for failure to comply with order s of Ombuds- man. Prohibition of discrimi- nation. Pen alty for breach of comply with order s of Ombuds- man. Ex-589/201716 41. No court other than the court of a Judicial Magistrate First Class shall take cognizance of an offence under this Act. 42. Notwithstanding anything contained in the Code of Criminal Proce- dure, 1973, offences under this Act shall be cognizable and bailable. CHAPTER XIV M ISCELLANEOUS 43. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time in force or in any instrument having effect by virtue of any law other than this Act. 44. No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Central Government or AIDS Control Society of the State Government Ombudsman or any member thereof or any officer or other employee or person acting under the direction either of the Central Government, the State Government, the Central Government, or Om- budsman in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or guidelines made thereunder or in respect of the publication by or under the authority of the Central Government, the State Government, the Central Government or AIDS Control Society of the State Government Ombudsman. 45. The Central Government and State Government, as the case may be, may, by general or special order, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be mentioned in the order, be exercisable also by an officer subordinate to that Gov- ernment or the local authority. 46. (1) The Central Government may, by notification, make guidelines consistent with this Act and any rules thereunder, generally to carry out the pro- visions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such guidelines ma y pr ovide for a ll or any of the following matters, namely:— (a) information relating to risk and benefits or alternatives to the proposed intervention under clause (n) of section 2; (b) the manner of obtaining the informed consent under sub- section (1) and the manner of pre test and post test counselling un- der sub-section (2) of section 5; (c) guidelines to be followed by a testing or diagnostic centre or pathology laboratory or blood bank for HIV test under section 7; (d) the manner of taking data protection measures under sec- tion 11; (e) guidelines in respect of protocols for HIV/AIDS relating to Anti-retroviral Therapy and Opportunistic Infections Manage- ment under sub-section (2) of section 14;Court to try offences. Offences to be cogni- zable and bailable. Act to h ave overriding effect. Protection of action taken in good faith. Delegation of powers. Guidelines. 2 of 1974.Ex-589/2017 17 (f) care, support and treatment of children infected with HIV or AIDS under sub-section (1) of section 18; (g) guidelines for Universal Precautions and post exposure pro- phylaxis under section 19; (h) manner of carrying out the strategy or mechanism or tech- nique for reduction of risk of HIV transmission under section 22; (i) manner of implementation of a drugs substitution, drug main- tenance and needle and syringe exchange programme under section 22; (j) provision of HIV-related information, education and com- munication before marriage under section 30; (k) manner of H IV or AIDS prevention, counselling, test ing and treatment of persons in custody under section 31; (l) any other matter which ought to be specified in guidelines for the purposes of this Act. 47. (1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing provision,such rules may provide for all or any of the following matters, namely:— (a) manner of notifying model HIV or AIDS policy for the es- tablishments under section 12; (b) any other matter which may be or ought to be prescribed by the Central Government. 48. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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 follow- ing the session or the successive session aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 annul- ment shall be without prejudice to the validity of anything previously done under that rule. 49. (1) The State Government may, by notification, make rules for carry- ing out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) measures to provide diagnostic facilities relating to HIV or AIDS, Anti- retroviral Therapy and Opportunistic Infection Man- agement to people living with HIV or AIDS and for the prevention of spread of HIV or AIDS in accordance with the guidelines under section 14; Power of Central Government to make rules. Laying of rules befor e both Houses of Parlia- ment. Power of State Government to make rules and laying thereof. Ex-589/201718 (b) qualification and experience for the appointment of a per- son as an Ombudsman under clause (a) or rank of officer of the State Government to be designated as Ombudsman under clause (b) of sub-section (1) of section 23; (c) terms and conditions of services of Ombudsman under sub- section (2) of section 23; (d) manner of inquir ing into complaints by the Ombudsman under sub-section (1) and maintaining of records by him under sub- section (3) of section 24; (e) manner of making the complaints to the Ombudsman under section 25; and (f) manner of recording pseudonym in legal proceedings under clause (a) of sub-section (1) of section 34. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be, after it is made before the Legislature of that State. 50. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of the period of two years from 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, befor e ea ch House of Parliament.Power to remove difficulties. Ex-589/2017 19 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Wednesday 4.10.2017 Asvina 12, S.E. 1939, Issue No. 590 NOTIFICATIONNo.H.12017/55/2016-LJD, the 18th September, 2017.The following Act is hereby r epub- lished fo r general info rmat io n. “The Constitution (Scheduled Castes) Orders (Amendment) Act, 2017 (Act No. 17 of 2017)”. Vincent Lalrokima, Deputy Secretary to the Govt. of Mizoram. THE CONSTITUTION (SCHEDULED CASTES) ORDERS (AMENDMENT) ACT, 2017 AN ACT further to amend the Constitution (Scheduled Castes) Order, 1950 to modify the list of Scheduled Castes in the State of Odisha and to amend the Constitution (Pondicherry) Scheduled Castes Order, 1964. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Scheduled Castes) Orders (Amendment) Act, 2017. 2. In the Schedule to the Constitution (Scheduled Castes) Order, 1950, in P ART XIII.—Odisha, for entry 79, the following entry shall be substi- tuted, namely:— “79. Sabakhia, Sualgiri, Swalgiri.”. 3. In the Constitution (Pondicherry) Scheduled Castes Order, 1964, for the word “Pondicherry” at both the places where it occurs, the word “Puducherry” shall be substituted.Short title. Amendment of Con stitu- tion (Sched- uled Casted) Order, 1950. Amendment of Con stitu- tion P on dicherry) Scheduled Castes Order. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50C.O. 19. C.O. 68.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Wednesday 4.10.2017 Aserina 12, S.E. 1939, Issue No. 591 Short title and comme nce me nt. NOTIFICATIONNo. H. 12017/55/2016-LJD, the 18th September, 2017.The following Act is hereby republished for general information.“ The Taxation Law (Amendment) Act, 2017 (Act No. 18 of 2017)”. Vincent Lalrokima, Depu ty Secr etary to the Govt. of Mizoram. THE TAXATION LAWS (AMENDMENT) ACT, 2017 AN ACTfurther to amend the Customs Act, 1962, the Customs Tariff Act, 1975, the Central Excise Act, 1944, the Central Sales Tax Act, 1956, the Finance Act, 2001 and the Fina nce Act, 2001 and the Finance Act, 2005 a nd to r epeal certain enactments. Be it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:- 1.(1)This Act ma y be ca lled the Taxation La ws (Amendment) Act, 2017. (2) It shall come into for ce on su ch date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates ma y be appointed for different provisions of this Act andany reference in a ny such provision to the commencement of this Act shall be constructed as a refer e to the commencement of that provision. - 2 - CHAPTER I CUSTOMS 2. In the Customs Act, 1962 (hereinafter referred to as the Customs Act), in section 2, in clause (11), after the words, “the area of a Customs station”, the words “or a war ehouse” shall be inserted. 3. In the Customsm Act, after section 108, the following sections shall be inserted, namely:- “108A. (1) Any person, being- (a) a local authority or ot her public body or association; or (b) any authority of the State Government responsible for the collection of value added tax or sales ta x or any other tax relating t o the goods or services; or (c)a n income-tax a uthorit y appointed under the provisions of the Income tax Act, 1961; (d) a Banking company within the meaning of claus (a) of section 45A of the Reserve Bank of India Act, 1934; or (e) a co-operative bank within the meaning of clause (dd) of section 2 of the Deposit Insurance and C redit Guarantee Corpor ation Act, 1961; or (f) a financial institution within the meaning of cla use (c), or a non-banking fina ncial company within the meaning of clause (f), of section 45-I of the (g) a State Electricity Boa rd; or a n elect ricity distribution or transmission license under the Electricity Act, 2003, or any other entity entrusted, as the case may be, with such functions by the Central Government or the State Government; or (h) the Registrar or S ub-R egistrar a ppointed under section 6 of the Registration Act, 1908; or (i) a Registrar within the meaning of the Compa nies Act, 2013; or (j) the registering authority empowered to register motor vehicles under Chapter IV of the M otor Vehicles Act, 1988; or (k) the Collector referred to in clause (c) of section 3 of the Rights to Fair Compensation and Transparency in La nd Acquisition, Rehabilitation and Resettlement Act, 2013; or (l) the recognised stock exchange referred to in clause (f) of section 2 of the Securit ies Contracts (Regulation) Act, 1956; or (m) a depository referred to in cla use (e) of sub-section (l) of section 2 of the Deposit ories Act, 1996; or (n) the Post Master Genera ll within the meaning of clause (j) of section 2 of t he India n Post Office Act, 1898; or (o) the Dir ector General of Foreign Trade within the meaning of clause (d) of section 2 of the Foreign Trade (Development and Regula tion) Act, 1992; or (p) the General Ma nager of a Zonal Railway within the meaning of clause (18) of section 2 of the Ra ilways Act, 1989; or (q) an officer of the Reserve Bank of India cons tituted under section 3 of the Reserve Bank of India Act, 1934, who is resp onsible for ma intaining record of r egistra tion or statement of accounts or holding any other information under any of the Acts specified above or under any other law for the time being in force, which is consider ed relevant for the pur pose of this Act , shall furnish such information to the proper officer in such ma nner as may be prescribed by r ules made under this Act. Amendment of section 2.52 of 1962. Inse rtion of new sections 108A and 108B. Obligation to furnish information. 43 of 1961. 2 of 1934. 47 of 1961. 2 of 1934 36 of 2003. 16 of 1908. 18 of 2013. 59 of 1988. 30 of 2013. 42 of 1956. 22 of 1996. 6 of 1898. 22 of 1992. 24 of 1989. 2 of 1934. Ex-591/2017 (2 ) Where the proper officer considers that the information fur nished under sub-s ection (1) is detective, he may intimate the defect to the person who has furnished such information a nd give him an opportunity of rectifying the defect within a period of seven da ys from the date of s uch intimation or within such further period which, on an application made in this behalf, the proper officer may allowed and if the defect is not rectified within the said period of seven days or, further period, as the case may be, so allowed, then, norwithstanding anything contained in any other provisions of this Act, such information shall be deemed as not furnished and the provisions of this Act shall apply. (3) Where a person who is requir ed to furnish information has not fu rnished the s a me wit hinb t he t ime s p ecified in s u b -s ect ion (1 ) o r s u b -s ect ion ( 2 ), t he p r op er officer may serve upon him a notice requiring him to furnish such information within a period not exceeding thir ty days from the date of service of the notice and such person shall furnish such information. 108B. Where the person who is required to furnish information u nder section 108A fails to do so within the period specified in the notice issued under sub-section (3) thereof, the pr oper officer ma y direct such person t o pay, by way of penalt y, a sum of one hundred rupees for each day of the period during which the failur e to furnish such infor mation continues.” CHAPTER II CUSTOMS TARIFF 4.In the Customs Tariff Act, 1975, in section 3,- (a) in sub-section (2),- (i) in clause (ii), for item (a), the following item shall be substituted, namely:- “(a) the duty referred to in sub-sections(1), (3), (5), (7) and (9);”; (ii) in the proviso, in su b-clause(b), item (ii) shall be omiited; (b) in sub-section (6), in clause (ii), for item (a), the following item shall be substituted, namely:- “(a) the duty refer red to in sub-s ections (5), (7 ) and (9);”; (c) for sub-sections (7) and (8), the following sub-sections shall be substituted, namely:- “(7) Any article which is imported into India shall, in addition, be liable to integrated tax a t such rate, not exceeding forty percent as is leviable under section 5 of the Integrated Goods and Services Tax Act , 2017 on a like article on its supply in India, on the value of the imported article as determined under sub-section (8). (8) For the purposes of calculating the integrated tax under sub-section (7) on any imported article where such ta x is leviable a t any percentage of its value, the value of the imported article shall, notwithstanding anything cont ained in section 14 of the Customs Act, 1962, be the aggregate of- (a) the value of the imported article determined under sub-section (1) 14 of the Customs Act, 1962, be the aggregate of-of section 14 of the Customs Act, 1962 or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, and any sum chargeable on that articlePenalty for failure to furnish in- formati on return. Amendment of section 3. 51 of 1975. 52 of 1962. 52 of 1962. 52 of 1962.- 3 - Ex-591/2017 under any law for the time being in for ce as a n addit ion to, and in the sa me ma nner a s, a duty of customs, but does not include the tax referred to in sub-section (7) or the case referred to in sub-section (9). (9) Any article which is imported into India sha ll, in addition, be liable to the goods and services t ax compensation cess a t such r ate, as is leviable under section 8 of the Goods and Services Tax (Compensation to Sta tes) Cess Act, 2017 on a like ar ticle on its supply in India, on the value of the imported article as determined under sub-s ection (10). (10) For the purposes of calculating the goods and services tax compensation cess uder sub-section (9) on any imported article where s u ch c es s is levi a b le a t a ny p er cent a ge of it s va lu e, t he va lu e of t he imp or t ed article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962, be the a ggregate of- (a) the value of the imported article determined under sub-section (1) of section 14 of the Customs Act, 1962 or the tariff value of such article fixed under sub-section (2) of tha t section, as the case may be; and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, and any sum chargeable on that article under any law for the time being in for ce as a n addit ion to, and in the same manner as , a duty of customs, but does not include the tax referred to in su b-section (7) or the ca ses r eferr edd to in sub-sect ion ( 9). (11) The duty or ta x or cess, as the case may b e, chargeable under this section shall be in addition to any other duty or tax or cess, as the case may be, imposed under this Act or under any other law for the time being in force. (1 2) The p rovisions of the Customs Act, 1962, a nd the r ules a nd regulations made thereunder, including those relating to drawbacks, refunds and exemption from duties shall, so far a s may be, apply to the duty or tax or cess, as the case may be, chargeable under this section as they apply in relation to the duties levia ble under this Act”. CHAPTER III CENTRAL EXCISE 5. In the Central Ex cise Act, 1944 (her einafter r eferred to as the Central Ex cise Act),in section 2, - (a) in clause (d), for the words and figures “the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985”, the words “the words” the Fourth Schedule” sha ll be substituted: (b) in clause (e) the wor ds “other tha n salt” shall be omit ted; (c) in clause (f), in sub-clause (ii), for the words and figures “the First Schedule to the Central Excise Tariff Act, 1985”, the words “the Fourth Schedule” shall be substituted 6.In the Central Excise Act, for section 3, the following section shall be substituted, namely:- “3. (1) There shall be levied and collected in such manner as may be prescribed a duty of excise to be called the Centr al Value Added Tax (CENVAT)52 of 1962. 52 of 1962. Amendment of section 2. Substitution of new section for section 3.1 of 1944. 5 of 1986. 5 of 1986. Duty specified in the Fourth Sch e d - ule to be levied.- 4 - Ex-591/2017 on all excisable goods (excluding goods p roduced or manufactured in special econmic zones) which a re produced or manufactured in India as, a nd at the rates, set forth in the Four th Schedule: Provided tha t the duty of excise which shall be levied a nd collected on any excisable goods which are produced or ma nufactured by a hundred per cent. export oriented undertaking and brought to any other place in India, shall be an amount equa l to the aggregate of the duties of customs which would be leviable under the Customs Act, 1962 or any other law for the time being in for ce, on like goods produced or manufactured outside India if impor ted into India , and where the said duties of customs are chargeable by reference to their value, the value of s uch excisable goods shall, notwithstanding anything cont ained in any other provisions of this Act, be deter mined in accor dance with the provisions of the Customs Act, 1962 and the Customs Tariff Act, 1975.Explantion 1. - Where in respect of any such like goods, any duty of customs leviable for the t ime being in for ce is levia ble at different rates, then, such duty shall, for the pur poses of this proviso, be deemed to be levia ble at the highest of t hose ra tes. Explanation 2. - For the purposes of this sub-section,- (i) “hundred per cent, export-oriented undertaking” means an undertaking which has been approved as a hundred per cent, export-oriented undertaking by the Board appointed in this behalf by the Central Government in excercise of the powers conferr ed by section 14 of the Industries (Development and Regulation) Act, 1951, and the rules made under that Act. (ii) “Specia l Economic Zone” shall have the meaning assigned to it in clause ( za) of section 2 of the Special Economic Zones Act, 2005. (2) The provisions of sub-section (1) shall apply in respect of all excisable goods which are produced or manufactured in India by or on behalf of the Government, as they apply in respect of goods which are not produced or manufactured by the Government. (3) The Central Government may, by notification in the Official Gazette, fix, for the purposes of levying the said duty, tariff values of any articles enumerated, either specifically or under general headings, in the Fourth Schedule as chargeable with duty ad valorem and may alt er any tariff a ny tariff values for the time being in force. (4) The Central Government may fix different tar iff values- (a) for different classes or descriptions of the same excercisable goods; or (b) for exercisable goods of the same class or description- (i) produced or manufactured by different classes or produces or manufacturers; or (ii) sold to different classes of buyers: Provided tha t in fixing different t ariff values in respect of excisable goods falling under sub-clause (i) or sub-clause (ii), regar d shall be had to the sale prices charged by the different classes of producers or manufa cturers or, as the case may be, the normal practice of the wholesale tra de in s uch goods”. 7. In the Central Excise Act, in s ection 3A, in Explana tion 1, for the words and figure, “First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985”, the words “ Fourth Schedule” sha ll be substituted. 52 of 1962. 51 of 1975. 65 of 1951. 28 of 2005. 5 of 1986.Amendment of section 3A. - 5 - Ex-591/2017 8.In t he Centr al Excise Act, after section 3A, the following sections shall be inserted, namely:- “3B. (1) Where, in respect of any goods, the Central Government is satisfied that the duty leviable thereon under section 3 should be increased a nd that circumstances exist which render it necessary to take immediate action, the Central Government may, by notification in the Official Gazette, amend the Fourth Schedule to substit ute the rate of duty specified therein in respect of such goods in the following manner, namely:- (a) in a ca se where the rate of duty as specified in the Four th Schedule as in force immediately before the issue of such notification is nil, a rate of duty not exceeding fifty per cent.ad valoremexpr essed in any for m or method; (b) in any other ca se, a r ate of duty which sha ll not be more than twice the rate of duty specified in respect of such goods in the Four th Schedule as in force immediately before the issue of the said notification. Provided tha t the Central Government shall not issue any notification under sub-section for substituting the r ate of duty in respect of any goods as specified by an earlier notification issued under this sub-section by that Government before such earlier notification has been approved with or without modifica tions under sub-section (2). Explanation. -For the purposes of this sub-section, the term “form or method”, in r elation t o a ra te of duty of excise, means the basis, including valua tion, weight, number, length, area, volume or any other measure, on which the duty may be levied. (2) Every notification under sub-s ection (1) shall be laid befor e each House of Parliament, if it is in section, as soon as may be after the issue of the notification, and, if it is not in session, within seven days of its re-assembly, and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning wit h the day on which the notification is so laid before the House of the People and if Parliament makes any modification in the notification or dir ects that the notification should cea se to have effect, the notification sha ll thereafter have effect only in such modified form or be of no effect, a s the ca se may be, but without prejudice to the validity of a nything previously done thereunder. (3) Any notification issued under sub-section (1), inclu ding a notifica tion appr oved or modified under sub-section (2), may be rescinded by the Central Government at any time by issuing notification in the Official Gazette. 3C. (1) Where the Central Government is satisfied that it is necessar y so to do in the public interest, it may, by notification in the Official Ga zette, a mend the Fourth Schedule: Provided that such amendment sha ll not a lter or affect in any manner the rates specified in the Fourth Schedule at which the duties of excise shall be leviable on the goods specified therein.” 9. In the Central Excise Act, in section 38, after the word, figure and letter “section 3A”, the word, figure and letter “section 3C” shall b e inserted. 10.In t he Centr al Excise Act, after section 38A, the following section shall be inserted, namely:— Insertion of new sections 3B and 3C. Emergency power of Central Governme nt to increase duty of excise. Power of Central Government to amend Fourth Schedule. Amendment of section 38. Inse rti on of a new section 38B.- 6 - Ex-591/2017 “38B. Notwithstanding the repeal of the Central Excise Tariff Act, 1985 by sub-section (1) of section 174 of the Central Goods and Services Tax Act, 2017, any reference to t he Chapter, heading, sub-hea ding or tariff item, as the case may be, in the First Schedule to the said Act or in any rules or regulations made thereunder, or in any notification, circular, order or instruction issued ther eunder, shall mean a reference to the Chapter, heading, sub-heading or tariff item, as the case may be, in the Fourth Schedule.”. 11. In the C entral Excise Act, for the Thir d Schedule, the Schedule s pecified in the First Schedule shall be substituted. 12. In the Cent ral Excise Act, after the Thir d Schedule, the Schedu le specified in t he Second Schedule shall be inserted. CHAPTER IV CENTR AL SALES TAX 13. In the Cent ral Sales Tax Act, 195 6 (her einafter referred to as the Central Sales Tax Act), in section 2,— (a) clause (c) shall be omit ted; (b) for clause (d), the following clause shall be substituted, namely:— ‘(d) “goods” means— (i) petroleum cr ude; (ii) high s peed diesel; (iii) motor spirit (commonly known as petr ol); (iv) natural gas; (v) aviation turbine fuel; and (vi) alcoholic liqu or for human consumption;’. 14. In the Central Sales Tax Act, section 14 shall be omitted. 15. In the Central Sales Tax Act, section 15 shall be omit ted. CHAPTER V MISCELLANEOUS 16. In the Finance Act , 2001, in the Seventh Schedule,— (a) except tariff items 2402 20 10, 2402 20 20, 2402 20 30, 2402 20 40, 2402 20 50, 2402 20 90, 2402 90 10, 2403 11 10, 2403 19 10, 2403 19 21, 2403 19 29, 2403 19 90, 2403 91 00, 2403 99 10, 2403 99 20, 2403 99 30, 2403 99 40, 2403 99 50, 2403 99 60, 2403 99 90 and 2709 00 00 and the entries relating thereto, all other heading, sub-hea ding, ta riff items and entries relating thereto shall be omitted; (b) for tariff item 2709 00 00 and the entries relating thereto, the following tariff item and entries shall be substituted, namely:— (1)(2)(3)(4) “27092000Petroleum Cr udeKg.Rs.50per tonne”. 17. In the Finance Act, 2005, in the Seventh Schedule, tariff item 2106 90 20 and the entries relating thereto shall be omit ted.Savings of refer- ences to Chap- ter, he ading, sub-he ading and tariff item in Central Excise Tariff Act, 1985. 5 of 1986. Substitution of new Schedule for Third Schedule. Insertion of Fourth Schedule. Amendment of section 2. 74 of 1956. Omission of section 14. Omission of section 15. Amendment of Seventh Schedule to Act 4 of 2001. Amendment of Seventh Schedule to Act 18 of 2005. - 7 - Ex-591/2017 18. (1) The ena ctments specified in the thir d column of the T hird Schedule are hereby repea led to the extent specified in the fou rth column thereof. (2) Notwithstanding the repeal under sub-s ection (1), such repea l shall not— (a) affect any other law in which the repealed enactment has been applied, incorporated or r eferred to; (b) affect the validity, invalidity, effect or consequences of anything already done or suffered or any right, title, obligation or liability already acquired, accrued or incurred or any r emedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already gra nted, or the proof of any pa st act or thing under the repealed enactment; (c) affect any pr inciple or rule of la w, or established jur isdiction, for m or cour se of pleading, practice or procedur e, or existing usage, custom, privilege, restr iction, exemption, office or a ppoint ment, notwithstanding that the sa me resp ectively may have been in any manner affir med or recognised or derived by, in or from any enactment hereby repea led; (d) revive or rest ore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, pract ice, pr ocedure or other matter or thing not now existing or in force. (2) The mention of particular matters in s ub-section (1) shall not be held to prejudice or affect the gener al applicat ion of section 6 of t he General Cla uses Act, 1897, with regard to the effect of repeals. 19.Notwithstanding the repeal of the enactments specified in the Third Schedule, the proceeds of duties levied under the said ena ctments immediately pr eceding the date appointed under sub-section (2) of section 1,— (i) if collected by the collecting agencies but not paid into the Reserve Bank of India ; or (ii) if not collected by the collecting agencies, sha ll be paid or as the case may be, collected and paid into the Reserve Bank of India for being credited to the Consolidated Fund of India. THE FIRST SCHEDULE (See section 11) “THE THIRD SCHEDULE [See section 2 (f)(iii)] NOTES 1. In this Schedule, “heading”, “sub-heading” and “tariff item” mean respectively, a heading, sub-heading and tariff item in the Four th Schedule. 2.The rules for the interpret ation, the Sect ion, Chapter Notes and the General Explanatory Notes of the Fourth Schedule shall a pply to the interpreta tion of this Schedule. Sl.No. Heading, Sub-heading or Tariff itemDescription of goods 1.2402 20 10 to 2402 20 90All Goods 2.2403 99 10, 2403 99 20, 2403 99 30Chewing toba cco and preparations conta ining chewing ta bacco 3.2403 99 90Pan masala containing tobacco”.Repeal and savings of certain enactments. Collection and payment of arrears of duties.Ame ndme nt of section 3A.10 fo 1897. - 8 - Ex-591/2017 THE SECOND SCHEDULE (See section 12) “THE FOURTH SCHEDULE [See section 2 (d) and 2 (f) (ii)]General Rules for the interpretation of this Schedule Classifica tion of goods in this Schedule sha ll be governed by the following principles: 1. T he titles of Sections, Chapters and Sub-Chapters are provided for ease of reference only; for legal purposes, cla ssification sha ll be determined accor ding to the terms of the headings and a ny relative Sections or Chapter Notes and, provided such headings or Notes do not otherwise requir e, according to the following provisions. 2. Any reference in a heading— (a) to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also be taken to include a reference to that ar ticle complete or finished (or falling to be classified as complete or finished by virtue of this rule), presented unassembled or disassembled; (b) t o a ma t er ial or s ub s ta nce s ha ll b e t a ken to include a r eference t o mix t u res or combinations of that ma terial or substance with other materials or substances. Any reference to goods of a given materia l or substance shall be taken to include a reference to goods cons isting wholly or partly of such material or substa nce. The classification of goods consisting of more tha n one ma terial or substance shall be according t o the principles of rule 3. 3. When by a pplication of clause (b) of r ule 2 or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:— (a) the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more hea dings ea ch refer to pa rt only of the materia ls or substances conta ined in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are t o be regarded as equa lly specific in relation to those goods, even if one of them gives a more complete or precise description of the goods; (b) mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which ca nnot be classified by r eference to clause (a ), shall be classified as if they consisted of the materia l or component which gives them their essential cha racter, insofa r as this criterion is applicable; (c) when goods cannot be classified by reference to clause (a ) or clause (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. 4. Goods which cannot be classified in accor dance with the above rules shall be classified under the heading appropr iate to the goods to which they are most a kin. 5. For legal purposes, the classification of goods in the sub-headings of a heading shall be determined according to the terms of those sub-headings and any related- 9 - Ex-591/2017 sub-heading Notes a nd, mutatis mutandis, to the above rules, on the understanding that only sub-headings at the same level are comparable. For the purposes of this rule, the relative Chapter Notes a lso apply, unless the context otherwise requires.Gener al Expla natory Notes 1. Where in column (2) of this Schedule, the description of an article or group of articles under a heading is preceded by the said article or group of articles shall be taken to be a sub-classification of the article or group of ar ticles covered by the said heading. Where, however, the description of an article or group of ar ticles is preceded by the said article or group of ar ticles shall be taken to be a sub-classifica tion of the immediately preceding description of the article or group of articles which has Where the description of an article or group of articles is preceded by “—” or “—”, the said article or group of articles shall be taken to be a sub-classification of the immediately preceding description of the article or group of articles which has “-” or “ “. 2. The abbr eviation “%” in column (4) of this Schedule, in relation to the rate of duty, indicates that the duty on the goods to which the entry relates shall be cha rged on the basis of the value of the goods fixed, defined or deemed to be, as t he case may be, under or in sub-section (2), read with sub-section (3) of section 3 or section 4 or section 4A of the Central Excise Act, 1944, the duty being equal to such percentage of t he value as is indicated in t hat column. Additional Notes In this Schedule,— (1) The expression,— (a) “heading”, in respect of goods, means a description in lis t of ta riff provisions accompanied by a four-digit number and includes all sub-headings of tariff items the first four-digits of which correspond to that number; (b) “sub-heading”, in respect of goods, means a descr iption in the list of tariff provisions accompanied by a six-digit number and includes all tariff items the first six-digits of which correspond to that number; (c) “ta riff item” means a descr iption of goods in t he list of tar iff provisions accompanying either eight-digit number and the rate of the duty of excise, or eight-digit number with blank in the column of the ra te of duty; (2) The list of tariff provisions is divided into Sections, Chapters and Sub- Chapters; (3) In column (3), the standard unit of quantity is specified for each ta riff item to facilitate the collection, compa rison a nd analysis of trade statistics; (4)”.... “ against any goods denotes tha t Centr al Excise duty under this Schedule is not leviable on such goods. List of Abbreviations used AbbreviationsFor 1. kg.Kilogram 2. TuThousand in number1 of 1944. - 10 - Ex-591/2017 SECTION IV TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES NOTE In t his Section, the expression “ unit container” means a conta iner, whether large or s ma ll (for ex a mp le, t in , ca n, b ox , ja r, b ot t le, b a g o r ca r t on, dr u m, b a r r el or ca ni s t er ) designed to hold a predetermined quantity or number. Chapter 24 TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES NOTES 1. In this Chapter, “brand name” means a brand name, whether registered or not, that is to say, a name or a mark, such as a symbol, monogra m, label, signa ture invented words or any writing which is used in relation to a product, for the pur pose of indicating, or so as to indicate, a connection in the course of trade between the product and some person using such name or mark with or without any indication of the identit y of t hat person. 2. In relation to products of heading 2401or 2402 or 2403, labelling or relabelling of containers or repacking from bulk packs to retail pa cks or the adoption of any other treatment to render the product mar ketable to the consumer, shall amount to “manufacture”. 3. In this Chapter, “Pan masala containing tobacco”, commonly known as “gutkha” or by any other name, included in tariff item 2403 99 90, means any preparation containing betel-nuts and tobacco and any one or more of the following ingr edients, namely:— (i) lime; and (ii) kattha(catechu), whether or not containing any other ingredients, such ascardamom, copra and menthol. SUB-HEADING NOTE For the purposes of sub-hea ding 2403 11, the expr ession “ water pipe toba cco” means tobacco intended for smoking in a water pipe and which consists of a mixture of tobacco and glycerol, whether or not containing aromatic oils and extracts, molasses or sugar, a nd whether or not flavoured with fruit. However, tobacco-fr ee products intended for smoking in a water pipe are excluded from this sub-heading. SUPPLEMENTRY NOTES For the purposes of this Chapter: (1) “toba cco” means any form of tobacco, whether cu red or uncured and whether manufactured or not, and includes the leaf, stalks and stems of the tobacco plant, but does not include any pa rt of a tobacco plant while still attached t o the ea rth. (2) “cut-tobacco” means the prepared or processed cut-to-size tobacco which is generally blended or moisturised to a desired extent for use in the manufacture of machine-rolled cigarettes. (3) “smoking mixtures for pipes and cigarettes” of sub-heading 2403 10 does not cover “ Guda ku”.- 11 - Ex-591/2017 Tariff item Description of goodsUnit Rate of Duty (1) (2)(3)(4) 2401Unmanufactured Tobacco; Tobacco Refuse 2401 10- Tobacco, not stemmed or stripped : 2401 10 10 — Flue cured virginia tobaccokg.64% 2401 10 20 — Sun cured country (natu) tobaccokg.64% 2401 10 30 — Sun cured virginia tobaccokg.64% 2401 10 40 — Burley tobaccokg.64% 2401 10 50 — Tobacco for manufacture of biris, not stemmed kg.64% 2401 10 60 — Tobacco for manufacture of chewing tobaccokg.64% 2401 10 70 — Tobacco for manufacture of cigar and cheroot kg.64% 2401 10 80 — Tobacco for manufacture of hookah tobaccokg.64% 2401 10 90 — Otherkg.64% 2401 20- Toba cco, par tly or wholly stemmed or stripped : 2401 20 10 — Flue cured virginia tobaccokg.64% 2401 20 20 — Sun cured country (natu) tobaccokg.64% 2401 20 30 — Sun cured virginia tobaccokg.64% 2401 20 40 — Burley tobaccokg.64% 2401 20 50 — Tobacco for manufacture of biriskg.64% 2401 20 60 — Tobacco for manufacture of chewing tobaccokg.64% 2401 20 70 — Tobacco for manufacture of cigar and cheroot kg.64% 2401 20 80 — Tobacco for manufacture of hookah tobaccokg.64% 2401 20 90 — Otherkg.64% 2401 30 00 - Tobacco refusekg.50% 2402- Cigars, cheroots,cigarillos and cigarettes, of tobacco or oftobacco substitutes 2402 10- Cigars, cheroots a nd cigar illos, containing toba cco: 2402 10 10 - Cigar and cher ootsTu12.5%or Rs.4006 per thousand, whichever is higher 2402 10 20 - CigarillosTu12.5% or Rs.4006 per thousand, whichever is higher 2402 20 - Cigarettes, containing toba cco. 2402 20 10 - Other than filter cigarettes, of length notTu Rs.1280 per exceeding 65 millimetresthousand 2402 20 20 - Other tha n filter cigarettes, of length exceedingTu Rs. 2335 per 65 millimetres but not exceeding 70 millimetresthousand 2402 20 30 - Filter cigarettes of length (including the length of Tu Rs. 1280 per the filter, the length of filter being 11 millimetresthousand or its act ual length, whichever is more) not exceeding 65 millimetres 2402 20 40 - Filter cigarettes of length (including the length of Tu Rs. 1740 per the filter, the length of filter being 11 millimetres orthousand its actual length, whichever is more) exceeding 65 millimetres but not exceeding 70 millimetres- 12 - Ex-591/2017 2402 20 50 - Filter cigarettes of length (including the length of Tu Rs. 1740 per the filter, the length of filter being 11 millimetres orthousand its actual length, whichever is more) exceeding 70 millimetres but not exceeding 75 millimetres 2402 20 90 - OtherTu Rs. 3375 per thousand 2402 90- Other: 2402 90 10 - Cigarettes of tobacco substitutesTu Rs. 3375 per thousand 2402 90 20 - Cigarillos of tobacco substitutesTu 12.5 % or Rs. 4006 per thousand whichever is higher 2402 90 90 - OtherTu12.5% or Rs.4006 per thousand whichever is higher 2403- Other manufactured tobacco and manufactured tobacco substitutes; “Homogenised” or “Recon- stituted” tobacco; Tobacco extracts and essences - Smoking tobacco, whether or not containing tobacco substitute in any proportion; 2403 11-Water pipe tobacco specified in Sub-heading Note to this Chapter: 2403 11 10 - Hukkah or gudaku tobaccoKg.60% 2403 11 90 - OtherKg.60% 2403 19- Other 2403 19 10 - Smoking mixtures for pipes and cigarettesKg.360% - Biris: 2403 19 21 - Other than paper rolled biris, manufacturedTu. Rs. 12 per without the aid of machinethousand 2403 19 29 - OtherTu Rs. 80 per thousand 2403 19 90 - OtherKg.40% - Other: 2403 91 00 - “Homogenised” or “reconstituted” tobaccoKg.60% 2403 99- Other: 2403 99 10 - Chewing tobaccoKg.81% 2403 99 20 - Pr eparations containing chewing tobaccoKg.60% 2403 99 30 - Jarda scented tobaccoKg.81% 2403 99 40 - SnuffKg.60% 2403 99 50 - Pr eparations cont aining snuffKg.60% 2403 99 60 - Tobacco extracts and essenceKg.60% 2403 99 70 - Cut-tobaccoKg.Rs. 70 per kg. 2403 99 90 - OtherKg.81% - 13 - Ex-591/2017 SECTION V MINERAL PRODUCTS CHAPTER 27 MINERAL FUELS, MINERAL OILS AND PRODUCTS OF THEIR DISTILLATION; BITUMINOUS SUBSTANCES; MINERAL WAXES NOTES 1. References in heading 2710 to “petroleum oils and oils obtained from bituminous minerals” include not only petroleum oils and oils obtained from bituminous miner als, but also similar oils, as well as those consisting mainly of mixed unsaturated hydr ocarbons, obtained by any process, provided t hat the weight of the non-aromatic cons tituents exceeds that of the ar omatic constituents. However, the references do not include liquid synthetic polyolefins of which less than 60% by volume distils at 300°C, after conversion to 1,013 millibars when a reduced-pressure distillation method is used. 2. In relation to lubrica ting oils and lubricating preparations of heading 2710, labelling or relabelling of cont ainers or repacking fr om bulk packs to reta il packs or the adoption of any other treatment to render the product ma rketable to the consumer, shall amount to “manufacture”. 3. In relation to natural gas falling under heading 2711, the process of compression of natural gas (even if it does not involve liquefaction), for the purpose of marketing it a s Compr essed Natural Gas (CNG), for use as a fuel or for any other pur pose, shall amount to “manufacture”. SUB-HEADING NOTE For the pur poses of sub-heading 2 710 12, “light oils a nd prepa rations” are those of which 90% or more by volume (including losses) distil at 210°C (ASTM D 86 method). SUPPLEMENTARY NOTES In t his Cha pter, the following expressions have the meanings hereby assigned to them:— (1) “motor spirit” means any hydrocarbon oil (excluding crude mineral oil) which has its flash point below 25°C and which either by itself or in admixture with any other substance, is suitable for use as fuel in spark ignition engines. “Special boiling point spirits (tariffitems 2710 12 11, 2710 12 12 and 2710 12 13 )” means light oils, as defined in sub-hea ding Note 4, not containing any anti-knock prepar ations, and with a difference of not more than 60°C between the temperatures at which 5% and 90% by volume (including losses) distil; (2) “natural gasoline liquid (NGL)’’ is a low-boiling liquid petroleum product extracted from Natural Gas; (3)”aviation turbine fuel (ATF)” means any hydrocarbon oil conforming to the Indian Standards Specification of Bureau of Indian Standards IS : 1571:1992:2000; (4)”high speed diesel (HS D)” means any hydr ocar bon oil conforming to the Indian Standards Specifica tion of Bureau of India n Standards IS : 1460:2000; (5 ) for the pur poses of these a dditiona l notes, the tests prescribed have t he meaning hereby assigned to them:—- 14 - Ex-591/2017 (a) “Flash Point” shall b e deter mined in accor dance with the test pr escribed in this beha lf in the rules ma de under the Petroleu m Act,1 934; (b)”Smoke P oint” shall be determined in the apparatus known a s the S moke Point Lamp in the manner indicated in the Indian Standards Institution Specifica tion IS: 1448 (p. 31)-1967 for the time being in force; (c) “Final Boiling Point” shall be determined in the manner indicated in the Indian Sta ndards Instit ution Specification IS: 1448 (p .18)-1967 for the time being in for ce; (d) “Carbon Residue” shall be determined in the apparatus known as Ramsbottom Carbon Residue Apparatus in the manner indicated in the Indian Standards Institution Specification IS: 1448 (p. 8)-1967 for the time being in force; (e)”Colour Comparison Test ” shall be done in the following manner, namely:— (i) first prepare a five per cent. weight by volume solution of Potassium Iodine (analytical r eagent quality) in distilled water; (ii) to this, add Iodine (a nalytical reagent quality) in requisite amount to prepare an exactly 0 .04 nor mal Iodine solution; (iii) thereafter, compare the colour of t he miner al oil under test with the Iodine solution so prepa red. Tariff item Description of goodsUnit Rate of Duty (1) (2)(3)(4) 2709Petroleum oils a nd oils obtained fr omKg.... bituminous minerals, crude. 2709 10 00 - Petroleum oils and oilsK g . obtained fr om bituminous minerals 2709 20 00 - Petroleum crudeNil 2710- Petroleum oils a nd oils obtained fr om bit uminous minera ls, other than crude; preparations not elsewhere specified or included, conta ining by weight 7 0% or mor e of petr oleum oils or of oils obtained fr om bituminous minera ls, these oils being the basic constituents of the preparations; waste oils - - Petr oleum oils and oils obta ined from bituminous minerals (ot her than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obta ined fr om bituminous minerals, these oils being the basic constituents of the preparations, other than those conta ining biodiesel and ot her tha n waste oil 2710 12- Light oils and pr eparations: - Motor spirit (Commonly known as petr ol): 2710 12 11 - Special boiling point spirits (other than benzeneKg. 14%+Rs. toluol) wit h nomina l boiling point range 55-115C15.00 per litre 2710 12 12 - Special boiling point spirits (other than benzene, Kg14%+Rs toluene and toluol) with nominal boiling p oint15.00 per litre range 63-70 °C 2710 12 13 - Other Special boiling points spirits (other thanKg 14%+Rs. benzene, benzol, toluene and toluol)15.00 per litre- 15 - Ex-591/2017 2710 12 19 - OtherKg. 14%+Rs 15.00 per litre 2710 12 20 - Natural gasoline LiquidKg. 14%+Rs 15.00 per litre 2710 12 90 - OtherKg14%+Rs 15.00 per litre 2710 19- Other: 2710 19 10 - Superior Kerosene oil (SKO)Kg.….. 2710 19 20 - Aviation turbine Fuel (ATF)Kg.14% 2710 19 30 - High speed diesel (HSD)Kg. 14%+Rs. 15.00 per litre 2710 19 40 - Light Diesel oil (LDO)Kg..... 2710 19 50 - Fuel oilKg..... 2710 19 60 - Base oilKg..... 2710 19 70 - Jute batching oil and textile oilKg..... 2710 19 80 - Lubricating oilKg..... 2710 19 90 - OtherKg..... - Waste Oil:.... 2710 20 00 - Petroleum oils and oils obtained from bituminous Kg..... minerals (ot her than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oil obta ined fr om bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oils 27109100 - Containing Polychlorinated biphenyls (PCBs),Kg..... polychlorinated terphenyls (PCTs) or polybrominated biphenyls (P BBs) 2710 99 00 - OtherKg.….. 2711- Petroleum gases and other gaseous hydrocarbons - L iquefied: 2711 11 00 - Natural gasKg.14% 2711 12 00 - PropaneKg..... 2711 13 00 - ButaneKg..... 2711 14 00 - Ethylene, propylene, butylene and butadieneKg..... 2711 19 00 - Other - In gaseous state:Kg..... 2711 21 00 - Natural gasKg.14% 2711 29 00 - OtherKg.….. - 16 - Ex-591/2017 THE THIRD SCHEDULE (See Section 15) Year No.Short title of enact mentsExtent of repeal (1) (2)(3)(4) 1947 24 The Rubber Act,1947Clause (b) of sub-section (1) of section 9 and section 12 1951 65 The Industries (Development andSection 9 Regulation) Act,1951 1953 29 The Tea Act,1953Clause (c) of section 3, sections 25 and 26 and clause (a) of sub-section (1) of section 27 1974 28 The Coal Mines (Conservation andSections 6, 7 and 8 Development) Act,1974 1976 56 The Beedi Workers Welfare Cess Act, 1976 The Whole 1977 36 The Water (Prevention and Control ofThe Whole Pollution) Cess Act, 1977 1982 3 The Sugar Cess Act, 1982The Whole 1982 4 The Sugar Development Fund Act, 1982Sub-section (2) of section 3 1983 28 The Jute Manufacturers Cess Act,1983The Whole 2004 23 The Finance (No. 2) Act, 2004Section 93 2007 22 The Finance Act, 2007Section 138 2010 14 The Finance Act, 2010Chapter VII 2015 20 The Finance Act, 2015Chapt er VI 2016 28 The Finance Act, 2016Chapters VI and VIIPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 17 - Ex-591/2017

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.H. 12017/55/2016-LJD, , the 18th September, 2017.The following Act is hereby re-published for general information. “The Finance Act, 2017 (Act No. 7 of 2017)”. Vincent Lalrokima, Depu ty Secr etary to the Govt. of Mizoram. VOL - XLVI Aizawl, Wednesday 4.10.2017 Asvina 12, S.E. 1939, Issue No. 576 THE FINANCE ACT, 2017 AN ACTto give effect to the financial proposa ls of t he Central Government for the financial year 2017-2018. BE it enacted by Parliament in the S ixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1.( 1) This Act may be called the Finance Act, 2017. ( 2) Sa ve as otherwise provided in t his Act, sections 2 to 88 shall come into force on the 1st day of April, 2017. CHAPTER II RATES OF INCOME-TAX 2.( 1) Subject to the pr ovisions of sub-sections (2) a nd (3), for the assess ment year commencing on the 1st day of April, 2017, income-tax shall be cha rged at the rates specified in Part I of the First Schedule and such tax shall be increased by a surcharge, for the purposes of the Union, calculated in each case in the manner provided therein. ( 2) In the ca ses to which Pa ragraph A of P art I of the Fir st Schedule applies, where the assessee has, in the previous year, any net agricultur al income exceedingShort tittle an d com- men ce- ment Income- Tax five thousand rupees, in addition to total income, and t he total income exceeds two lakh fifty thousa nd rupees, then,— (a) the net a gricult ural income sha ll be taken into account, in the manner provided in clause ( b) [t hat is to say, as if t he net agricultural income were compr ised in the total income after the first two lakh fift y thousand rupees of the total income but without being liable to tax], only for the pu rpose of charging income-tax in respect of the total income; and ( b) the income-tax chargeable shall be calculated as follows:— ( i) the total income and the net agricultural income shall be aggregated and the amount of income-tax shall be determined in respect of the a ggr egate income a t the ra tes specified in the sa id Para graph A, as if such a ggregate income were the total income; ( ii) the net agricultural income shall be increased by a sum of two lakh fifty thousa nd rupees, and the amount of income-t ax shall be determined in respect of the net agricultural income a s so incr eased at the rates specified in the said P aragraph A, as if the net agricultura l income as so increased were the total income; ( iii) the amount of income-tax determined in a ccordance with sub-clause ( i) shall be reduced by the amount of income-tax determined in accordance with sub-clause ( ii) and the sum so arr ived at shall be the income-ta x in respect of the total income: Provided that in the case of every individual, being a resident in India, who is of the a ge of s ixty years or more but less than eighty years at any time during the previous year, referred to in item ( II) of Para graph A of Part I of the First Schedule, the provisions of this sub-section shall have effect as if for the words “two lakh fifty thousand rupees”,the words “three lakh rupees” ha d been substituted: Provided fur ther tha t in the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the previous year, referred to in item ( III) of Paragra ph A of P art I of the First Schedule, the provisions of this sub-section s hall have effect as if for the words “two lakh fifty thousand rupees”, the words “five lakh rupees” ha d been substituted. ( 3) In cases to which the provisions of Chapter XII or Chapter XII-A or section 115JB or section 115JC or Chapter XII-FA or Cha pter XII-FB or sub-section ( 1A) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act, 1961 (hereinafter referred to as the Income-tax Act) apply, the tax chargeable shall be determined as pr ovided in that Chapter or tha t section, and with r eference to the ra tes imposed b y sub-s ection ( 1) or the rates as specified in that Chapter or sect ion, as the case may be: Provided that the amount of income-tax computed in a ccordance with the provisions of section 111A or section 112 of the Income-tax Act sha ll be increased by a surcharge, for the purposes of the Union, as provided in P aragraph A, B, C, D or E, as the case may be, of Par t I of the First Schedule: Provided further that in respect of any income chargeable to tax under section 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115BBD, 115BBDA, 115BBF,115E, 115JB or 115JC of the Income-tax Act, the amount of income-tax computed under this sub-section shall be increased by a sur charge, for-2- 43 of 1961 Ex-576/2017 the purposes of the Union, calculated,— (a) in the case of ever y individua l or Hindu undivided family orassociation of persons or body of individuals, whether incorpor ated or not, or every ar tificial juridical person referred to in sub-clause ( vii) of cla us e (31) of section 2 of the Income-tax Act, at the rate of fifteen per cent. of such income-tax, wher e the tota l income exceeds one c ror e rup ees; ( b) in the ca se of every co-operative society or firm or local author ity, at the rate of twelve per cent. of such income-tax, where the total income ex ceeds one c ror e r upees; ( c) in the ca se of every domestic compa ny,— ( i) at the ra te of s even per cent. of such income-tax, where the total income exceeds one cror e rupees but does not exceed ten crore rupees; ( ii) at the ra te of twelve per cent. of such income-tax, where the total income exceeds ten cr or e rup ees; ( d) in the ca se of every company, other than a domestic compa ny,— ( i) at the ra te of t wo per cent. of such income-tax, where the total incomeex ceeds one cror e rupees but does not exceed ten crore rupees; ( ii) at the rate of five per cent. of such income-tax, where the total income exceeds ten cr or e rup ees: Provided also that in the case of persons mentioned in ( a) and (b) above, having total income chargeable to tax under section 115JC of the Income-tax Act, and such income exceeds one cror e rupees, the total amount paya ble as incometa x on such income and surcharge thereon shall not exceed the total amount pa yable as income-tax on a total income of one crore rupees by more tha n the a mount of income that exceeds one cr ore rupees: Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds one crore rupees but does not exceed ten crore rupees, the total amount paya ble as income-tax on such income and surcha rge thereon, shall not exceed the tota l amount payable as income-ta x on a total income of one cr or e rupees by more tha n the amount of income that exceeds one crore rupees: Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds ten crore rupees, the total amount paya ble as income-tax on such income and surcharge thereon, sha ll not exceed the tota l amount payable as income-tax a nd surcharge on a tota l income of ten crore rupees by more than the amount of income tha t exceeds ten cr or e rup ees: Provided also that in resp ect of a ny income char geable to tax under clause ( i)of sub-section (1) of section 115BBE of the Income-tax Act, the amount of income-ta x computed under this sub-section shall be increased by a surcharge, for the purposes of the Union, calculated at the rate of twenty- five per cent. of such income-tax. ( 4) In cases in which tax ha s to be charged and paid under section 115-O or section 115QA or sub-section ( 2) of section 115R or section 115TA or section 115TD of the Incometax Act, the tax shall be charged and paid at the rates as specified in-3-Ex-576/2017 those sections and shall be increased by a surchar ge, for the pur poses of the Union, calculated at the rate of twelve per cent. of such tax. (5) In cases in which tax has to be deducted under sections 193, 194, 194A, 194B, 194BB, 194D, 194LBA, 194LBB, 194LBC and 195 of the Income-tax Act, at the rates in force, the deductions shall be made at the rates s pecified in Par t II of the First Schedule and shall be increased by a surchar ge, for the pur poses of the Union, calculated in cases wherever prescribed, in the manner provided therein. ( 6) In cases in which tax has to be deducted under sections 192A, 194C, 194DA, 194E, 194EE, 194F, 194G, 194H, 194-I, 194-IA, 194-IB, 194-IC, 194J, 194LA, 194LB, 194LBA, 194LBB, 194LBC, 194LC, 194LD, 196B, 196C and 196D of the Income-tax Act, the deductions shall be made a t the r ates specified in those sections and shall be increased by a surcharge, for the purposes of the Union, — (a) in the ca se of ever y individual or Hindu undivided fa mily or association of persons or body of individuals, whether incor porated or not, or every artificial jur idical person referred to in sub-clause ( vii) of claus e (31) of section 2 of the Income-ta x Act, being a non-resident, calculated, — (i)at the rate of ten per cent. of such tax, where the income or the aggr egate of such incomes paid or likely to be paid and subject to t he deduction exceeds fifty la kh rupees but does not exceed one crore rupees; ( ii) at the ra te of fifteen per cent. of s uch tax, where the income or the aggregate of such incomes pa id or likely to be paid and subject to the deduction exceeds one cr or e rup ees; ( b) in the ca se of every co-operative society or firm, being a non- resident, calculated at the rate of twelve per cent. of such tax, where the income or the aggregate of such incomes pa id or likely to be paid and subject to the deduction exceeds one cr ore rupees; ( c) in the case of every company, other than a domestic company, calculated, — (i) at the rate of two per cent. of such ta x, where the income or the aggr egate of such incomes paid or likely to be paid and subject to t he deduction exceeds one cror e rupees but does not exceed ten crore rupees; ( ii) at the rate of five per cent. of such ta x, where the income or the aggr egate of such incomes paid or likely to be paid and subject to the deduction exceeds ten cr ore rupees. ( 7) In cases in which tax has to b e collected under the proviso to section 194B of the Income-tax Act , the collection shall be ma de at the rates specified in Part II of the F irst Schedule, and sha ll be increased by a surcharge, for the purposes of the Union, calculated, in cases wherever prescribed, in the manner provided therein. ( 8) In cases in which tax has to be collected under section 206C of the Income-tax Act, the collection shall be made at the ra tes specified in that section and shall be increased by a surcharge, for the purposes of the Union, — (a) in the ca se of ever y individual or Hindu undivided fa mily or association of persons or body of individuals, whether incor porated or not, or every artificial jur idical person referred to in sub-clause ( vii) of claus e (31) of -4- Ex-576/2017 section 2 of the Income-ta x Act, being a non-resident, calculated,— (i)at the rate of ten per cent. of such tax, where the amount or the aggregate of such amounts collected and subject to the collection exceeds fifty lakh rupees but does not exceed one crore rupees; ( ii) at the rate of fifteen per cent. of such tax, where the amount or the aggr egate of such amounts collected and subject to the collection exceeds one cror e rup ees; ( b) in the ca se of every co-operative society or firm, being a non- resident, calculated at the rate of twelve per cent. of such tax, where the amount or the aggregate of such amounts collected and subject to the collection ex ceeds one c ror e r upees; ( c) in the case of every company, other than a domestic company, calculated, — (i) at the rate of two per cent. of such ta x, where the amount or the aggregate of such amounts collected and subject to the collect ion exceeds one cr ore r upees but does not exceed t en cr ore rupees; ( ii) at the r at e of five per cent. of such ta x, wher e the a mount or the aggregate of such amounts collected and subject to the collection exceeds ten cr or e rup ees. ( 9) Subject to the pr ovisions of sub-section (10), in cases in which income- tax has tobe char ged under sub-section ( 4) of section 172 or sub-section (2) of section 174 or section 174A or section 175 or sub-section ( 2) of section 176 of the Income- tax Act or deducted from, or paid on, income cha rgeable under the head “Salar ies” under section 192 of t he said Act or in which t he “adva nce tax” payable under Chapter XVII-C of the said Act ha s to be computed at the rate or rates in force, such income- tax or, as the case may be, “advance tax” shall be charged, deducted or computed at the rate or rates specified in Part III of the First Schedule and such tax shall be incr eased by a sur charge, for the purposes of the Union, calculated in such cases and in such manner as provided ther ein: Provided that in cases to which the provisions of Chapter XII or Cha pter XII-A or section 115JB or section 115JC or Cha pter XII-FA or Chapter XII-F B or sub-section ( 1A) of section 161 or section 164 or section 16 4A or s ection 167B of the Income-tax Act apply, “advance tax” shall be computed with reference to the rates imposed by this sub-section or the rates as specified in that Chapter or section, as the cas e may be: Provided further t hat the amount of “advance ta x” computed in accordance with the pr ovisions of section 111A or section 112 of the Income-tax Act shall be incr eased by a surcharge, for the purposes of the Union, as provided in Paragraph A, B, C, D or E, as the case may be, of Part III of the First Schedule: Provided also that in resp ect of a ny income chargeable to tax under section 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BA, 115BB, 115BBA, 115BBC, 115BBD, 115BBDA, 115BBF, 115BBG, 115E, 115JB or 115JC of the Income-tax Act, “advance tax” computed under the first proviso shall be increased by a surcharge, for the pur poses of the Union, calculated, — (a) in the ca se of ever y individual or Hindu undivided fa mily or association of persons or body of individuals, whether incor porated or not, or-5- Ex-576/2017 every artificial jur idical person referred to in sub-clause (vii) of claus e (31) of section 2 of the Income-tax Act, — (i) at the ra te of ten per cent. of such “ advance tax”, where the total income exceeds fifty la kh rupees but does not exceed one crore rupees; ( ii) at the rate of fifteen per cent. of such “advance tax”, wher e the total income exceeds one cror e r up ees; ( b) in the ca se of every co-operative society or firm or loca l authority at the rate of twelve per cent. of such “a dvance tax”, where the total income ex ceeds one c ror e r upees; ( c) in the ca se of every domestic compa ny,— (i) at the rate of seven per cent. of such “advance tax”, wher e the total income exceeds one cror e r upees but does not ex ceed ten c ror e rup ees; ( ii) at the rate of twelve per cent. of such “advance tax”, wher e the total income exceeds ten cror e r up ees; ( d) in the ca se of every company, other than a domestic compa ny,— (i) at the rate of two per cent. of such “advance tax”, where the total income exceeds one cror e rupees but does not exceed ten crore rupees; ( ii) at the rate of five per cent. of such “advance tax”, where the total income exceeds ten cr or e rup ees: Provided also that in the case of persons mentioned in (a) above, having total income chargeable to tax under section 115JC of the Income-tax Act, and such income exceeds, — (a) fifty lakh rupees but does not exceed one cror e rupees, the total amount paya ble as “ advance tax” on such income and sur cha rge thereon shall not exceed the total amount payable as “advance tax” on a total income of fifty la kh rupees by more tha n the a mount of income that exceeds fifty lakh rupees; ( b) one crore rupees, the total amount pa yable a s “adva nce tax” on such income and sur charge thereon shall not exceed the total amount payable as “ advance tax” on a total income of one cror e rupees by more than the amount of income tha t exceeds one crore rupees: Provided also that in the case of persons mentioned in ( b) above, ha ving total income chargeable to tax under section 115JC of the Income-tax Act, and such income exceeds one crore r upees, the tota l amount payable as “a dvance tax” on such income and surcharge thereon shall not exceed the total amount payable as “advance tax” on a total income of one cror e rupees by more than the amount of income that exceeds one cror e rup ees: Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-ta x Act, and such income exceeds one crore rupees but does not exceed ten crore rupees, the total amount payable as “a dvance ta x” on such income and surchar ge thereon, sha ll not exceed the total amount payable as “ advance tax” on a tota l income of one crore rupees by more than the amount of income that exceeds one cr ore rupees: Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds ten crore rupees, the total amount payable as “advance tax” on such income and surcharge-6- Ex-576/2017 thereon, shall not exceed the total amount payable as “ advance tax” and surcharge on a total income of ten cr ore rupees by more than the amount of income that exceeds ten c ror e rup ees: Provided also that in respect of any income chargeable to tax under clause (i) of sub-section ( 1) of section 115BBE of the Income-tax Act, the “advance tax” computed under the first pr oviso shall be increased by a surcharge, for the purposes of t he Union, calculated at the ra te of twenty-five per cent. of such “a dvance tax”. ( 10) In cases to which Paragraph A of Part III of the First Schedule applies, where the a ssessee has, in the previous year or, if by virtue of any provision of the Income-tax Act, income-tax is to be charged in respect of the income of a period other than the previous year, in such other period, any net agricultural income exceeding five thousand rupees, in addition to tota l income and the total income exceeds two lakh fifty thousand rupees, then, in charging income-tax under sub-section ( 2) of section 174 or section 174A or section 175 or sub-section ( 2) of section 176 of the said Act or in computing the “advance tax” payable under Cha pter XVII-C of the said Act, at the rate or rates in force, — (a) the net a gricult ural income sha ll be taken into account, in the manner provided in clause ( b) [t hat is to say, as if t he net agricultural income were compr ised in the total income after the first two lakh fift y thousand rupees of the total income but without being liable to tax], only for the pu rpose of charging or computing such income-tax or, as the case may b e, “advance tax” in resp ect of the total income; and ( b) such income-tax or, as the case may be, “advance tax” shall be so charged or computed as follows: — (i) the total income and the net agricultural income shall be aggr egated and the amount of income-tax or “advance ta x” shall be determined in respect of the aggrega te income at the rat es specified in t he said Paragra ph A, a s if such aggregate income wer e the total income; ( ii) the net agricultural income shall be increased by a sum of two lakh fifty t housand rupees, and t he amount of income-ta x or “advance ta x” shall be determined in resp ect of t he net agricult ural income as so increased at the rates specified in the said Paragraph A, a s if the net agricultu ral inc ome wer e the total inc ome; ( iii) the amount of income-tax or “adva nce tax” determined in a ccordance with sub-clause ( i) shall be reduced by the amount of income-tax or, as the case may be, “advance tax”determined in accordance with sub-clause ( ii) and the sum so arr ived at shall be the income-tax or, as the case may be, “adva nce tax” in respect of the tota l income: Provided that in the case of every individual, being a resident in India, who is of the age of sixty years or more bu t less than eighty years at any time during the previous year, referred to in item ( II) of Para graph A of Part III of the First Schedule, the provisions of this sub-section shall have effect as if for the wor ds “two lakh fifty thousand rupees”, the words “three lakh rupees” had been substituted: Provided fur ther tha t in the case of every individual, being a resident in India, who is of the a ge of eighty years or more at any time during the previous year, referred to in item ( III) of Paragraph -7-Ex-576/2017 A of Part III of the First Schedule, the provisions of this sub-section shall have effect as if for the words “ two lakh fifty thousa nd rupees”, the words “ five la kh rupees” had been substituted: Provided also that the amount of income-tax or “advance tax” so arrived at , shall be increased by a surcharge for the purposes of t he Union, calculated in each case, in the manner provided therein. (11) The amount of income-tax as specified in sub-sections (1) to (10) and as incr eased by the applicable surcha rge, for the purposes of the Union, calculated in the manner provided therein, shall be further increased by an additiona l surcha rge, for the purposes of the Union, to be called the “Education Cess on income-ta x”, calculated at the r ate of two per cent. of such income-tax and surcha rge so a s to fulfil the commitment of the Government t o provide and finance universa lised quality basic education: Provided tha t nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections ( 5), (6), (7) and (8), if the income subject ed to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who isresident in India. ( 12) The amount of income-tax as specified in sub-sections (1) to (10) and as incr eased by the applicable surcha rge, for the purposes of the Union, calculated in the manner p rovided therein, shall also be increased by a n additional surcharge, for the purposes of the Union, to be called the “Secondary a nd Higher Educa tion Cess on income-tax”, calculated at the rate of one per cent. of such income-tax and surcharge so a s to fu lfil the commit ment of the Government to provide and finance secondary and higher education: Provided tha t nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections ( 5), (6), (7) and (8), if the income subject ed to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in India. ( 13) For the purposes of this section and t he First Schedule,— (a) “domestic company” means an Indian company or any other company which, in respect of its income liable to income-tax under the Income- tax Act, for the assessment year commencing on the 1st day of April, 2017, has made the prescr ibed ar rangements for the declaration and pa yment within India of the dividends (including dividends on preference shares) payable out of s uch income; ( b) “insurance commission” means any remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business (inclu ding business relating to the continuance, renewal or revival of policies of insurance); ( c) “net agricultural income” in relation to a person, means the total amount of agricultural income, from whatever sour ce derived, of that person computed in accordance with the rules contained in Part IV of the First-8- Ex-576/2017 Schedule; (d) all other words a nd expressions used in this section a nd the First Schedule bu t not defined in this sub-section and defined in the Income-tax Act shall have the meanings, respectively, assigned to them in that Act. CHAPTER III DIRECT TAXES Income-tax 3.In section 2 of the Income-tax Act,— (I) in clause (24), after sub-clause (xvii), the following sub-clause shall be inserted, namely: — “( xviia) any sum of money or value of property referred to in clause (x) of sub-section ( 2) of section 56;”; ( II) in clause (42A), — ( a) in the third proviso [as inserted by section 3 of the Finance Act, 2016], after the words and brackets “a company (not being a share listed in a recognised stock exchange in India)”, the words “or an immovable property, being land or building or both,” shall be inserted with effect from the 1st day of April, 2018; ( b) inExplanation1, in claus e (i),— (A) after sub-clause (he), the following sub-clause shall be inserted with effect from the 1st day of April, 2018, namely :— “( hf) in the ca se of a capita l asset, being equity shares in a company, which becomes the property of the assessee in consideration of a transfer referred to in clause ( xb) of section 47, there shall be included the period for which the preference shar es were held by the as sess ee; ”; ( B) after sub-clause (hf) as so ins erted, the following sub-clause shall be inserted, namely:— “( hg) in the case of a capital asset, being a unit or units, which becomes the property of the assessee in consideration of a t r a ns fer r efer r ed t o in clau s e ( xix) of s ect ion 4 7 , t her e s ha ll b e inclu ded the period for which the unit or units in the consolidating plan of a mutu al fund scheme were held by the assessee;”. 4.In section 9 of the Income-tax Act , in sub-section ( 1), in clause (i), inExplanation 5,— ( i) the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2012, namely:— “Provided that nothing contained in this Explanationshall apply to an asset or capital asset, which is held by a non-resident by way of investment, directly or indirectly, in a Foreign Institutional Investor as referred to in clause (a) of the Explanationto s ection 115AD for an a ssessment year commencing on or after the 1st day of April, 2012 but before the 1st day of April, 2015:”; ( ii) after the first proviso as so inserted, the following proviso shall be inserted and shall be deemed to ha ve been inserted with effect from the 1st day of April, 2015, namely: — “Provided further that nothing contained in this Explanationshall apply to an asset or capital asset, which is held by a non-resident by way of investment,-9- Amend- ment of section 2. 28 of 2016 Ex-576/2017 Amend- ment of section 9. directly or indirectly, in Category-I or Category-II foreign portfolio investor under the Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2014, made under the Securities and Excha nge Boa rd of India Act, 1992.”. 5.In section 9A of the Income-tax Act , in sub-section (3), in clause (j), after the proviso, the following proviso shall be inserted and sha ll be deemed to have been inserted wit h effect from the 1st day of April, 2016, namely: — “Provided further that nothing contained in t his cla use sha ll apply to a fu nd which has been wound up in the previous year;”. 6.In section 10 of the Income-tax Act, — (a) in clause (4), in sub-clause (ii), in the proviso, for the wor d, brackets and letter “clause ( q)”, the word, brackets and letter “clause (w)” sha ll be sub stituted a nd shall be deemed t o have been subs tituted with ef fect from the 1st day of April, 2013; ( b) after clause (12A) [a s inserted by section 7 of the Finance Act, 2016], the following clause shall be inserted with effect from the 1st day of April, 2018, namely:— “( 12B) any payment from the National Pension System Trust to an employee under the pension scheme referred to in section 80CCD, on partial withdrawal made out of his account in accordance with the terms and conditions, specified under the Pension Fund Regulatory and Development Author ity Act, 2013 and t he regula tions ma de t her eunder, to the ext ent it does not ex ceed twenty-five per cent. of the amount of contributions made by him;”; ( c) in clause (23C),— (I) after sub-clause (iiiaaa), the following sub-clause shall be inserted and shall be deemed t o ha ve been inserted with effect from the 1st day of April, 1998, namely: — “(iiiaaaa) the Chief Minis ter ’s Relief F und or the Lieutenant Governor ’s Relief Fund in respect of any Sta te or Union t er r it o r y a s r efer r ed t o in s u b -cl a u s e ( iiihf) of cl a u s e (a) of sub-section ( 2) of section 80G; or”; ( II) after the eleventh proviso, the following pr oviso shall be inserted with effect from the 1st day of Apr il, 2018, namely: — “Provided also that any amount credited or paid out of income of any fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause ( iv) or sub-clause (v) or sub-clause (vi) or sub-clause ( via), to any tr ust or institution registered under section 12AA, being voluntary contribution ma de with a specific dir ection that they shall form part of the corpus of the trust or institution, shall not be treated as a pplication of income to the objects for which such fund or trust or institution or university or educational institution or hospital or other medical institution, as the case may be, is est ablished:”; ( d) after clause (37), the following clause shall be inserted and shall be deemed t o have been inserted with effect from the 1st da y of April, 2015, namely:— ‘( 37A) any income chargeable under the head “Capital gains”-10- 15 of 1992 28 of 2016 23 of 2013Amend- ment of section 9A. Amend- ment of section 10 Ex-576/2017 in r es p ect of t r a ns fer of a s p ecified ca p it a l a s s et a r is ing t o a n a s s es s ee, being an individual or a Hindu undivided family, who wa s the owner of s uch specified capital asset as on the 2nd da y of June, 2014 and transfers that specified ca pital a sset under the Land Pooling Scheme (herein refer red to as “the scheme”) covered under the Andhra Pra desh C apital City Land Pooling Scheme (F ormula tion and Implementation)Rules, 2015 made under the provisions of the Andhra Pradesh Capital Region Development Authority Act, 2014 and the rules, regulations a nd Schemes made under the said Act.Explanation.—For the purposes of this clause, “specified capital asset” means,— ( a) the land or building or both owned by the assessee a s on the 2nd day of June, 2014 and which has been tr ansferred under the scheme; or ( b) the land pooling ownership certificate issued under the scheme to t he assessee in respect of land or building or both referred to in clause( a); or ( c) the reconstituted plot or land, as the case may be, received by the assess ee in lieuof land or building or both referred to in clause ( a)in accorda nce with the scheme, if such plot or land, as the case may be, so r eceived is tra nsferred within two years from the end of the financia l year in which the possession of such plot or land was handed over to him;’; ( e) in cl a u s e (38), after the second pr oviso and before theExplanation [as inserted by section 7 of the Finance Act, 2016], the following proviso shall be inserted with effect from the 1st day of April, 2018, namely:— “ Pr ovided also tha t nothing contained in t his cla use sha ll apply to a ny income arising from the transfer of a long-term ca pital asset, being an equity share in a compa ny, if the tr ansaction of a cquisition, other than the acqu isition notified by the Central Government in this behalf, of such equity share is entered into on or after the 1st da y of October, 2004 and such transaction is not chargeable to securities transaction tax under Chapter VII of the Finance (No. 2) Act, 2004.”; ( f) after clause (48A), the following clause sha ll be inserted with effect from the 1st day of April, 2018, namely: — “(48B) any income accruing or ar ising to a for eign company on a ccount of sale of left over stock of crude oil, if any, from the facility in India after the expiry of the agr eement or the arrangement referred to in clause ( 48A) subject to such conditions a s may be notified by the Central Government in this behalf;”. 7.In section 10AA of the Income-tax Act, after sub-section ( 1),the following Explanationshall be inserted with effect from the 1st day of April, 2018, namely: — “Explanation.––F or the removal of doubts, it is hereby declared that the amount of deduction under this section shall be allowed from the total income of the assessee computed in accor dance with the provisions of this Act, before giving effect to the pr ovisions of this section and the deduction under this section shall not exceed such total income of the assessee.”.-11- Andra Pradesh Act 11 of 2014 28 of 2016 23 of 2004 Amend- ment of section 10 AA.Ex-576/2017 8.In s ection 11 of the Income-tax Act , in sub-section (1), theExplanation below clause (d) shall be numbered asExplanation1 thereof a nd aft erExplanation1 as sonumbered, the following Explanationshall be inserted with effect from the 1st day of April, 2018, namely:— “ Explanation2.—Any amount credited or paid, out of income referred to in clause ( a) or clause (b) read withExplanation1, to any other trust or institution registered under section 12AA, being contribution wit h a specific direction that they shall form par t of the corpus of the trust or instit ution, shall not be treated as applica tion of income for cha ritable or religious purposes.”. 9.In s ection 12A of the Income-tax Act, in sub-section ( 1), with effect from the 1st day of April, 2018, — (i) aft er cla us e (aa), the following clause shall be inserted, namely:— “(ab) the person in receipt of the income has made an application for registration of t he trust or institution, in a case where a tr ust or a n institution has been granted registr ation under section 12AA or has obtained registration at any time under section 12A [as it stood before it s amendment by the Finance (No. 2) Act, 1996], and, subsequently, it has a dopted or undertaken modifica tions of the objects which do not conform to the conditions of registration, in the prescribed form and manner, within a period of thirty da ys from the date of said adoption or modification, to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12AA;”; ( ii) after clause (b), the following clause shall be inserted, namely:— “(ba) the person in receipt of the income has furnished the return of income for the pr evious year in a ccor dance with the provisions of sub-section ( 4A) of section 139, within t he time allowed under that section.”. 10.In section 12AA of the Income-ta x Act, with effect from the 1st da y of April, 2018, — (a) in sub-section (1), after the word, brackets and letters “clause ( aa)”, the wor ds, bra ckets a nd letters “or clause (ab)” shall be inserted; ( b) in sub-section (2), a fter the word, brackets and letters “clause ( aa)”, the words, brackets and letters “or clause (ab)” shall be inserted. 11.In section 13A of t he Income-tax Act, with effect from the 1st da y of April, 2018,— ( I) in the fir st proviso,— (i) in clause (b),— (A) after the words “such volu ntary contribution”, the words “other than contribution by way of electoral bond” shall be inserted; ( B) the word “and” occurring at the end shall be omitted; ( ii) in clause (c), the word “; and” shall be inserted at the end; ( iii) after clause (c), the following clause shall be inserted, -12- Amend- ment section 11 33 of 1996Amend- ment of section 12A Amend- ment of section 12AA Amend- ment of section 13A Ex-576/2017 namely:— ‘(d) no donation exceeding two thousa nd rupees is received by s uch polit ical party otherwise than by an account payee cheque drawn on a bank or an account payee bank dra ft or use of electronic clearing system through a bank account or through electoral bond. Explanation.––F or the purposes of this pr oviso,“ elector al bond” mea ns a bond referred to in t he Explanationto sub-section (3) of section 31 of the Reserve Bank of India Act, 1934.’; ( II) after the second proviso, the following proviso shall be inser ted, namely: — “Provided a lso that such politica l party furnishes a return of income for the previous year in accor dance with the provisions of sub section ( 4B) of section 139 on or befor e the due date under tha t section 12.In section 23 of the Income-tax Act, after sub-section ( 4), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely:— “( 5) Where the property consisting of any building or land appurtenant thereto is held as stock-in-trade and the property or a ny part of the property is not let dur ing the whole or any part of the pr evious year, t he annual value of such property or par t of the property, for the per iod up to one year from the end of the financial year in which the certificate of completion of construction of the property is obtained from the competent author ity, shall be taken to be nil.”. 13.In s ection 35AD of the Income-tax Act, in sub-section ( 8), in clause (f), after the words “shall not include”, the words “a ny expenditure in resp ect of which the payment or aggr egate of payments made to a person in a day, otherwise tha n by an account payee cheque dr awn on a bank or an account payee ba nk draft or use of electronic clearing system through a bank account, exceeds ten thousand rupees or” shall be inserted with effect from the 1st day of April, 2018. 14.In s ection 3 6 of the Income-tax Act , in su b-section ( 1), in claus e (viia), in sub-clause ( a), for the words “seven and one-half per cent.”, the words “eight and one-half per cent.” shall be substituted with effect from the 1st day of April, 2018. 15.In section 40A of the Income-tax Act,— ( a) in sub-section (2), in clause (a), in the proviso, after the words “Provided that”, the words, figures and letters “for an assessment year commencing on or before the 1st day of April, 2016” shall be inserted; ( b) with effect from the 1st day of April, 2018,— ( A) in sub-section (3), for the words “exceeds twenty thousand rupees”, the wor ds “or use of electronic clearing system through a bank account, exceeds ten thousand rupees,” shall be substituted; ( B) in sub-section (3A),— (i) after the words “account payee bank draft,”, the-13- 2 of 1934 Amend- ment of section 23 Amend- ment of section 3 5 AD Amend- ment of section 36 Amend- ment of section 40AEx-576/2017 words “or use of electronic clear ing system thr ough a bank account” s hall be inserted; (ii) for the words “twenty thousand rupees”, the words “ten thousand rupees” shall be substituted; ( iii) in the first proviso, for the words “exceeds twenty thousand rupees”, the words “or use of electronic clearing system through a bank account, exceeds ten thousand rupees,” shall be substituted; ( iv) in the second proviso, for the words “twenty thousand rupees”, the wor ds “ten thousand rupees” shall be substituted; ( C) in sub-section (4),— ( i) after the words “account payee bank draft”, the words “or use of electronic clear ing system thr ough a bank account” s hall be inserted; ( ii) after the words “such cheque or draft”, the words “or electronic clearing system” shall be inser ted. 16.In s ection 43 of the Income-tax Act, in clause ( 1), with effect from the 1st day of April, 2018, — (a) after the proviso and beforeExplanation1, the following proviso shall be inserted, namely:— “Provided further that where the assessee incurs any expenditure for acquisition of a ny asset or part thereof in respect of which a payment or a ggregate of payments made to a person in a day, otherwise tha n by an account payee cheque drawn on a bank or an account payee ba nk dra ft or use of electronic clearing system thr ough a ba nk account, exceeds ten thousand rupees, such exp enditure sha ll be ignored for the purposes of determina tion of actual cost .”; ( b) inExpla nation13, the following pr oviso shall be inserted, namely:— “Provided that where any capital asset in respect of which deduction or part of deduction allowed under section 35AD is deemed to be the income of the assessee in accordance with the provisions of sub-section ( 7B) of the said section, the actual cost of the asset to the assessee shall be the actual cost to the assessee, as reduced by an amount equal tothe amount of depr eciation calculated at the rate in force that would ha ve been allowa ble had the asset been used for the purpose of business since the date of its acquisition.”. 17.In s ection 43B of the Income-tax Act, with effect from the 1st da y of April, 2018, — (i) in clause (e), a fter the words “scheduled bank”, the words “ or a co-operative bank other than a pr imary agricultural credit society or a primary co-operative agricultural and rural development bank” shall be inserted; ( ii) inExplanation4, after clause (c), the following cla use shall be inserted, namely:— ‘( d) “co-operative bank”, “primary agricultural credit society” and “primar y co-operative agricultural a nd rura l development bank”-14- Amend- ment of section 43 Amend- ment of section 43B Ex-576/2017 shall have the meanings respectively assigned to them in theExplanationto sub-section (4) of section 80P.’. 18.In s ection 43D of the Income-tax Act, with effect from the 1st da y of April, 2018,— ( i) in clause (a), a fter the words “scheduled bank or”, the words “a co-operative bank other than a pr imary agricultural credit society or a primary co-operative agricu ltural and rura l development bank or” shall be inserted; ( ii) in the long line, after the wor ds “scheduled bank or”, the words “a co-opera tive bank other than a primary agricultural credit society or a primary co- operative agricultural and rural development bank or” shall be inserted; ( iii) in theExplanation, after clause (f), the following clause shall be inserted, namely:— ‘( g) “co-operative bank”, “primary agricultural credit society” and “primar y co-operative agricultural a nd rura l development bank” shall have the meanings respectively assigned to them in the Explanationto sub-section (4) of section 80P.’. 19.In section 44AA of the Income-tax Act, in sub-section ( 2), the following provisos shall be inserted with effect from the 1st da y of April, 2018, namely :— ‘Provided that in the case of a person being an individua l or a Hindu undivided fa mily, the provisions of clause ( i) and clause (ii) shall ha ve effect, as if for the words “one lakh twenty thousand rupees”, the words “two lakh fift y thousand rupees” had been substituted: Provided fu rther that in the case of a person being an individual or a Hindu undivided fa mily, the provisions of clause ( i) and clause (ii) s hall have effect, as if for the words “ ten lakh rupees”, the words “twenty-five lakh rupees” had been substituted.’. 20.In section 44AB of the Income-tax Act, — (i) before the first proviso, the following proviso shall be inserted, namely: — “Provided that this section shall not apply to the person, who declares profits and gains for the previous year in accordance with the provisions of sub-section ( 1) of section 44AD a nd his total sa les, turnover or gross r eceipts, as the case may be, in business does not exceed two c ror e rup ees in s uch previous yea r:”; ( ii) in the first proviso, for the wor ds “Pr ovided that”, the words “Provided fu rther that” shall be substituted; ( iii) in the second proviso, for the words “Provided further”, the words “Provided also” sha ll be substituted. 21.In section 44AD of the Income-tax Act, in sub-section ( 1), the following proviso sha ll be inserted, namely: — ‘Provided that this sub-section sha ll have effect as if for the words “eight per cent.”, the words “six per cent.” ha d been substituted, in respect of the amount of tota l turnover or gross r eceipts which is received by an account payee cheque or an account payee bank dr aft or use of electronic clearing-15- Amend- ment of section 43D Amend- ment of section 44AA Amend- ment of section 44AB Amend- ment of section 4 4 ADEx-576/2017 system through a bank account during the previous year or before the due date specified in sub-section (1) of section 139 in respect of that previous year.’. 22.In section 45 of the Income-tax Act, after sub-section ( 5) and the Explanationthereto, the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely: — ‘(5A) Notwithsta nding anything contained in sub-section (1), here the capital gain arises to an assessee, being a n individual or a Hindu undivided family, from the tra nsfer of a capital asset, being land or building or both, under a specified agreement, the capital gains shall be chargeable to income- tax as income of the previous year in which the certificate of completion for the whole or part of the project is issued by the competent authority; and for the purposes of section 48, the stamp duty va lue, on the date of issue of the said certificate, of his share, being land or building orboth in the project, as incr eased by the consider ation r eceived in cash, if a ny, sha ll be deemed to be the full value of the consideration received oraccr uing a s a result of the transfer of the capital asset: Provided that the provisions of this sub-section sha ll not apply where the assessee transfers his share in the project on or before the date of issue of t he said certificate of completion, a nd the capital gains shall be deemed to be the income of the previous year in which such transfer takes place and the provisions of this Act, other than the pr ovisions of this sub-section, shall apply for the pur pose of determination of fu ll value of cons ideration received or accr uing as a result of such transfer. Explanation.—For the purposes of this sub-section, the expression— ( i) “competent author ity” mea ns the authority empowered to a pprove the building p lan by or under any law for the time being in force; ( ii) “specified agreement” means a r egistered agreement in which a person owning land or building or both, agrees to allow another person to develop a real estate pr oject on such land or building or both, in consideration of a share, being land or building or both in such project, whether with or without pa yment of part of the considera tion in cash; ( iii) “stamp duty value” means the value a dopted or assessed or a ssessable by any authority of the Government for the purpose of payment of stamp duty in respect of an immova ble property being land or building or both.’. 23.In s ection 47 of the Income-tax Act, with effect from the 1st da y of April, 2018, — (a) after clause (viia), the following clause shall be inserted, namely: — “(viiaa) any transfer, made outside India, of a capital asset being rupee denominated bond of an Indian company issued out side India, by a non-resident to another non-resident;”; ( b) after clause (xa), the following clause shall be inser ted, namely: — -16- Amend- ment of section 45 Amend- ment of section 47 Ex-576/2017 “(xb) any transfer by way of conver sion of prefer ence shares of a company into equity shares of that company;”. 24.In section 48 of the Income-ta x Act, with effect from the 1st day of April, 2018, — (a) in the fifth proviso, for the word “subscribed”, the word “held” shall be substituted; ( b) in theExplanation, in cla u s e (iii), for the figures, letters and words “1st day of April, 1981”, the figu res, letters and words “1st day of April, 2001” shall be substituted. 25.In section 49 of the Income-tax Act, — (a) in sub-section (1), in cla us e (iii), in sub-clau se (e), after the word, brackets, figures and letter “clause ( vib)”, the wor ds, bra ckets, figures and letter “or clause ( vic)” shall be inserted with effect from the 1st day of April, 2018; ( b) after sub-section (2AD), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely :–- “( 2AE) Where the capital asset, being equity share of a company, became the property of t he assessee in consideration of a transfer referred to in clause ( xb) of section 47, the cost of acquisition of the asset shall be deemed to be that part of the cost of the preference share in relation to which such asset is acqu ired by the assessee.”; ( c) after sub-section (2AE) as so inserted, the following sub-section shall be inserted, namely:— “( 2AF) Where the capital asset, being a unit or units in a cons olidated plan of a mutual fund scheme, beca me the property of the assessee in consideration of a transfer refer red to in clause ( xix) of s ection 47, the cost of acquisition of the asset shall be deemed to be the cost of acquisition to him of the unit or units in the consolidating plan of the scheme of the mutual fund.”; ( d) in sub-section (4), a fter the words, brackets, figures and letter “or clause ( viia)” a t both the places where they occur, the words, brackets and figure “ or clause ( x)” shall be inserted; ( e) after sub-section (5) [a s inserted by section 30 of the Finance Act, 2016], the following sub-sections sha ll be inserted with effect from the 1st day of April, 2018, namely:— ‘( 6) Where the capital gain arises from the transfer of a specified ca pital as set referred to in cla us e ( c) of theExplanationto clause ( 37A) of section 10, which has been transferred after the expiry of two years from the end of the financia l year in which the possession of such asset was handed over to the assessee, the cost of a cquisition of such specified capital asset shall be deemed to be its stamp duty value a s on the last day of the second financial year a fter the end of the financial year in which the possession of the said specified capital asset was ha nded over to the asses see. Explanation.––For the purposes of this sub-section, “stamp duty value” means the value adopted or assessed or assessable by-17- Amend- ment of section 48 Amend- ment of section 49 28 of 2016Ex-576/2017 any authorit y of the State Government for the purpose of payment of stamp duty in respect of an immovable property. (7) Wher e t he ca p it a l ga in a r is es fr om t he t r a ns fer of a ca p it a l asset, being share in the project, in the form of land or building or both, referr ed to in sub-s ection ( 5A) of section 45, not being the capital asset refer red to in the pr oviso to the sa id sub-section, the cost of acquisition of such asset, sha ll be the amount which is deemed as full value of consideration in that sub-section.’; ( f) a f t er s u b -s ect io n (7) as so inserted, the following sub-section shall be inserted and sha ll be deemed to have been inserted with effect from the 1st day of June, 2016, namely:— “( 8) Where the capital gain arises from the transfer of an asset, being the a sset held by a trust or an institution in respect of which accreted income has been computed and the tax has been paid thereon in accordance with the pr ovisions of Chapter XII-EB, the cost of acquisition of such asset shall be deemed to be the fairmarket value of the asset which has been taken into account for computa tion of a ccreted income as on the specified date referred to in sub-section ( 2) of section 115TD.”. 26.After section 50C of the Income-tax Act , the following section shall be inserted with effect from the 1st day of April, 2018, namely:— ‘50CA. Where the considera tion received or accr uing as a result of the transfer by an assess ee of a capita l asset, being share of a company other t ha n a qu ot ed s ha r e, is les s t ha n t he fa ir ma r k et va lu e of s u c h s ha r e det er mined in such manner as may be prescribed, the value so determined shall, for the purposes of section 48, be deemed to be the full value of consideration received or accruing as a result of such transfer. Explanation.—For the purposes of this section, “quoted share” means the share quoted on any recognised stock exchange with r egularity from time to time, where the quotation of such shar e is ba sed on current transaction made in the ordina ry course of business.’. 27.In section 5 4EC of the Income-tax Act, in sub-section ( 3), in the Explanation, in clause (ba), for the words and figures “the Companies Act, 1956” occurring at the end, the words and figur es “the Companies Act, 1956; or any other bond notified by the Centr al Government in this behalf” shall be substituted with effect from the 1st day of April, 2018. 28.In section 55 of the Income-ta x Act, with effect from the 1st day of April, 2018, — (A) in sub-section (1), in clause (b), in sub-clause (2), in item (i), for the figures, letters and words “1st day of April, 1981”, the figures, letters and words “1st day of April, 2001” shall be substituted; ( B) in sub-section (2), in claus e (b), for the figures, letters and words “1st day of April, 1981” wherever they occur, the figures, letters and words “1st day of April, 2001” shall be substituted. 29.In section 56 of the Income-tax Act , in sub-section ( 2),— -18- Insertion of section 50CA Special provision for full value of consider- ation for transfer of share other than quoted sh are. Amend- ment of section 54EC Amend- ment of section 55 Amend- ment of section 561 of 1956 Ex-576/2017 (I) in clause (vii), after the figures, letters a nd wor ds “1st day of October, 2009”, the words, figures and letters “but before the 1st day of April, 2017” shall be inserted; ( II) in clause (viia), after the figures, letters and words “1st day of June, 2010”, the words, figures and letters “but before the 1st day of April, 2017” shall be inserted; ( III) a ft er cla u s e (ix), the following clause shall be inserted, namely:— ‘( x) where any person receives, in a ny previous year, from any person or persons on or a fter the 1st da y of April, 2017,— ( a) any sum of money, without consideration, thea ggr ega te value of which exceeds fifty thousand rupees, the whole of the aggregate value of such sum; ( b) any immovable property,— ( A) without considera tion, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property; ( B) for a cons ideration which is less than the stamp duty value of the property by an amount exceeding fifty thousand rupees, the stamp duty value of such property as exceeds such considera tion: Provided that where the date of agreement fixing the amount of considera tion for the tra nsfer of immovable property and the da te of r egistra tion ar e not the same, the stamp duty value on the date of a greement may be taken for the purposes of this sub-clause: Provided fu rther that the provisions of the first proviso shall apply only in a case where the amount of considera tion referred to therein, or a part thereof, has been paid by way of a n account payee cheque or an account payee bank draft or by use ofelectronic clearing system through a bank account, on or before the date of agreement for transfer of such immovable property: Pr ovided a lso that where t he sta mp duty va lue of immovable property is disputed by the assessee on grounds mentioned in sub-section ( 2) of section 50C, the Assessing O ff icer ma y refer the va lua tion of such pr operty to a Va lua tion Officer, and the provisions of section 5 0C and sub-section ( 15) o f s ect ion 1 5 5 s ha ll, a s fa r a s ma y b e, a p p ly in r el a t ion to the stamp duty value of such p roperty for the purpose of this sub-cla use as they apply for valuation of capital asset under those sections; ( c) any property, other than immovable property,— ( A) without consideration, the aggregate fair market value of which exceeds fifty thousand rupees, the whole of the aggr egate fa ir market value of such property; ( B) for a cons ideration which is less than the aggregate fair market value of the property by a n amount exceeding fift y thousand rupees, the aggregate fa ir market value of such property as exceeds such consideration:-19- Ex-576/2017 Provided tha t this clause shall not apply t o any sum of money or any property received— (I) fr om any r elative; or ( II) on the occasion of the marriage of the individual; or ( III) under a will or by way of inheritance; or ( IV) in contemplation of death of the payer or donor, as the case may be; or ( V) fr om any local a uthority as defined in the Explanationto clause (20) of section 10; or ( VI) fr om any fund or foundation or university or other educational institution or hospital or other medical institution or any trust or institution referred to in clause ( 23C) of section 10; or ( VII) fr om or by any tr ust or institution registered under section 12A or section 12AA; or ( VIII) by any fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause ( iv) or sub-clause (v) or sub-clause ( vi) or sub-clau se (via) of cla us e (23C) of section 10; or ( IX) by way of transaction not regarded as tr ansfer under clause ( i) or clause (vi) or clause (via) or clause (viaa) or clause ( vib) or clause (vic) or clause (vica) or clause (vicb) or clause ( vid) or clause (vii) of section 47; or ( X) fr om an individua l by a trust created or established solely for the benefit of r elative of the individual. Explanation.—For the purposes of this clause, the expressions“assessable”, “fair market value”, “jewellery”, “property”, “relative” and “stamp duty value” shall ha ve the sa me meanings as respectively assigned to them in the Explanationto clause ( vii).’. 30.In s ection 58 of the Income-tax Act , in sub-section ( 1A), for the word, brackets, figures and let ter “su b-cla us e ( iia)”, the words, bra ckets, figures and letters “sub-clauses ( ia) and (iia)” shall be substituted with effect from the 1st day of April, 2018. 31.In section 71 of the Income-tax Act, after sub-section ( 3), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely:— ‘( 3A) Notwithstanding anything contained in sub-section (1) or sub-section ( 2), where in respect of any assessment year, the net result of the computa tion under the head “Income from house property” is a loss a nd the a ssessee has income assessable under any other head of income, the assessee shall not be entitled to set off such loss, to the extent the amount of the loss exceeds two lakh rupees, against income under the other head.’. 32. For section 79 of the Income-tax Act, the following section shall be substituted with effect from the 1st day of April, 2018, namely:— “79. Notwithstanding anything contained in this Chapter, where a change-20- Amend- ment of section 58 Amend- ment of section 71 Substitu- tion of new section for section 79 Ex-576/2017 -21- in shareholding has taken place in a previous year,— (a) in the ca se of a company not being a company in which the pu blic are substantially interested and other than a company referred to in clause (b), no loss incurred in any year prior to the previous year sha ll be carried forward and set off against the income of the previous year, unless on the last da y of the previous year, the shares of the company carrying not less than fifty-one per cent. of the voting power were beneficially held by persons who beneficially held shares of the company carrying not less than fifty-one per cent. of the voting power on the last da y of the year or years in which the loss was incur red; ( b) in the case of a company, not being a company in which t he public are substantially interested but being an eligible start-up as referred to in section 80-IAC, the loss incurred in any year prior to the previous year shall be carried forward and set off against the income of the previous year, if, a ll the shareholders of such company who held shar es carr ying voting power on the last day of the year or years in which t he loss was incurred, — (i) continue to hold those shares on the last da y of such previous year; and ( ii) such loss has been incurred during the period of seven years beginning fr om the year in which such company is incorpora ted: Provided tha t nothing conta ined in this section shall apply to a case where a cha nge in the said voting power and shareholding takes place in a previous year consequent upon the death of a shareholder or on a ccount of t ransfer of sha res by way of gift to any relative of the shareholder making such gift: Provided fu rther t hat nothing contained in this section sha ll apply to any change in the shareholding of an Indian company which is a subsidiary of a foreign company as a result of amalgama tion or demerger of a foreign company subject to the condition that fifty-one per cent. shareholders of the amalgamating or demerged foreign company continue to be the shareholders of the amalgamated or the resulting foreign company.”. 33.In section 80CCD of the Income-tax Act, in sub-section ( 1), in cla use ( b), for the words “ten per cent.”, the words “twenty per cent.” shall be substituted with effect from the 1st day of April, 2018. 34.In section 80CCG of the Income-tax Act, after sub-section ( 4), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely:— “( 5) Notwithstanding anything conta ined in sub-sections (1) to (4), no deduction u nder this section shall be allowed in respect of any assess ment year commencing on or after the 1st day of April, 2018: Provided that an assessee, who ha s acquir ed listed equity shares or listed unit s of an equity oriented fund in accordance wit h the scheme referred to in sub-section ( 1) and claimed deduction under this section for any assess ment year commencing on or before the 1st day of Apr il, 2017, shall be allowed deduction under this section till the assessment year commencing on the 1st Carry forward and set off of losses in case of certain companies. Amend- ment of section 80CCD Amend- ment of section 80CCG Ex-576/2017 day of April, 2019, if he is otherwise eligible to claim the deduction in accordance with the other provisions of this section.”. 35.In s ection 80G of the Income-tax Act, in sub-section (5D), for the words “ten thousa nd rupees”, the words “two thousand rupees” shall be substituted with effect from the 1st day of April, 2018. 36. In section 80-IAC of the Income-tax Act [as inserted by section 42 of the Finance Act, 2016], in sub-section ( 2), for the words “five years”, the words “seven years” shall be substituted with effect from the 1st day of April, 2018. 37.In section 8 0-IBA of the Income-tax Act [a s inserted by section 4 4 of the Finance Act, 2016], with effect from the 1st day of April, 2018,— ( a) in sub-section (2),— (i) in clause (b), for the words “three years”, the words “ five years” shall be substituted; ( ii) in clauses (c) and (f), for the expression “built-up area” wher ever they occur, the wor ds “carpet a rea” shall be substitu ted; ( iii) the words “or within the distance, measured aerially, of twenty-five kilometres from the municipal limits of these cities” wherever they occur shall be omit ted; ( b) in sub-section (6), for clause (a), the following clause shall be substituted, namely:— ‘( a) “carpet area” shall have the same meaning as assigned to it in clause ( k) of section 2 of the Real Estate (Regulation and Development) Act, 2016.’. 38.In s ection 87A of the Income-tax Act, with effect from the 1st da y of April, 2018, — (a) for the words “five hundred thousand rupees”, the words “three hundred fifty thousand rupees” shall be substituted; ( b) for the words “five thousand rupees” [as substituted by section 46 of the Finance Act, 2016], the words “ two thousand five hundred rupees” shall be substituted. 39.In section 90 of the Income-tax Act, aft er Explanation3, the following Explanationshall be inserted with effect from the 1st day of April, 2018, namely:— “Explanation4.––For the removal of dou bts, it is hereby declared that where any term used in an agreement entered into under sub-section ( 1) is defined under t he said agr eement, the said term shall ha ve the s ame mea ning as a ssigned to it in the agreement; and where the term is not defined in the said agreement, but defined in the Act, it shall have the same meaning as assigned to it in the Act a nd expla nation, if any, given to it by the Central Government.”. 40.In section 90A of the Income-tax Act, after Explanation3, the following Explanationshall be inserted with effect from the 1st day of April, 2018, namely:— “Explanation4.––For the removal of dou bts, it is hereby declared that where any term used in an agreement entered into under sub-section ( 1) -22- 28 of 2016Amend- ment of section 80G Amend- ment of section 80- IAC 28 of 2016Amend- ment of section 80- IBA 16 of 2016 Amend- ment of section 87A 28 of 2016 Amend- ment of section 90 Amend- ment of section 90A Ex-576/2017 is defined under t he said agr eement, the said term shall ha ve the s ame mea ning as a ssigned to it in the agreement; and where the term is not defined in the said agreement, but defined in the Act, it shall have the same meaning as assigned to it in the Act and explanation, if any, given to it by the Central Gover nment. ” . 41.In section 92BA of the Income-tax Act, clause (i) sha ll be omitted. 42.After section 92CD of the Income-tax Act , the following section shall be inserted wit h effect from the 1st day of April, 2018, namely: — ‘92CE. (1) Where a primary adjustment to transfer price,— (i) has been madesuo motuby the assessee in his retur n of income; ( ii) ma de by t he Asses sing Officer has been accept ed by the a sses see; ( iii) is determined by an advance pr icing agreement entered int o by the assessee under section 92CC; ( iv) is ma de a s p er t he s a f e ha r b ou r r u les fr a med u nder s ect ion 9 2 C B; or ( v) is arising as a r esult of resolution of an assessment by way of the mutual agreement procedure under an agreement entered into under section 90 or section 90A for avoidance of double taxation, the assessee shall make a s econdary adjustment: Provided that nothing contained in this section shall apply, if,— ( i) the amount of pr imary a djustment made in any previous year does not exceed one crore rupees; and ( ii) the primary adjustment is made in resp ect of an assessment year commencing on or before the 1st day of April, 2016. ( 2) Where, as a result of primary adjustment to the transfer price, ther e is an incr ease in the total income or reduction in the loss, as the ca se ma y be, of the assessee, the exces s money which is ava ila ble with its a s socia ted enterp rise, if not repa triated to India within the time as may be pr escribed, shall be deemed to be an adva nce made by the assessee to such associated enterprise and the interest on such adva nce, shall be computed in su ch manner as may be prescribed. ( 3) For the purposes of this section,— (i) “a ssociated enterprise” shall have the meaning assigned to it in sub- section ( 1) and sub-section (2) of section 92A; ( ii) “arm’s length price” shall have the meaning assigned to it in clause ( ii) of section 92F; ( iii) “excess money” means the difference between the arm’s length price determined in primary adjustment and the price at which the international transaction has a ctually been underta ken; ( iv) “primary a djustment” to a transfer price, means the determina tion of t ransfer price in accordance with the arm’s length principle resu lting in an incr ease in the total income or r eduction in the loss, as the case may be, of the assessee; ( v) “secondary adjustment” means an adjustment in the books of account of t he asses see and its ass ocia ted enterpr ise to reflect tha t the a ctua l alloca tion of p rofits between the assessee and its associated enterprise ar e consistent with the tra nsfer pr ice determined as a result of primary adjustment, thereby removing the imbalance between cash account and actual profit of the assessee.’.-23- Amendment of section 92BA In sertion of new section 92CE Secondary adjustment in certain cases.Ex-576/2017 43.After section 94A of the Income-tax Act , the following section shall be inserted wit h effect from the 1st day of April, 2018, namely:— ‘94B. (1) Notwithstanding anything cont ained in t his Act, where an Indian compa ny, or a perma nent est ablishment of a foreign compa ny in India, being the borrower, incurs any expenditure by way of interest or of similar nature exceeding one crore rupees which is deductible in compu ting income char geable under the head “Profits and ga ins of business or profession” in resp ect of any debt issued by a nonresident, being an associated enterprise of such borrower, the interest shall not be deductible in computation of income under the sa id head to the extent tha t it arises from excess int erest, as specified in sub-section ( 2): Provided that where the debt is issued by a lender which is not associated but an associated enterpr ise either provides a n implicit or explicit guara ntee to such lender or deposit s a cor responding and matching amount of funds with the lender, such debt shall be deemed to have been issued by an associated enterprise. ( 2) For the purposes of sub-section (1), the excess interes t sha ll mean an a mount of total interest paid or payable in excess of thirty per cent. of earnings before interest, taxes, depreciation and amortisation of t he borr ower in t he previous year or interest paid or payable to a ssociated enterprises for that previous year, whichever is less. ( 3) Nothing contained in sub-section (1) shall apply to an Indian company or a permanent esta blishment of a foreign compa ny which is engaged in the business of b anking or insura nce. ( 4) Where for any assess ment year, the interest expenditure is not wholly deducted against income under the head “ Profits and ga ins of business or profession”, so much of the interest expenditure a s has not been so deducted, shall be ca rried forward to the following assessment year or assess ment years, and it shall be allowed as a deduction a gainst the profits and gains, if any, of any business or pr ofession carried on b y it and assessable for that assess ment year to the extent of maximum allowable interest expenditure in accordance with sub-section ( 2): Provided tha t no interest expenditure sha ll be ca rried forward under this sub-section for more than eight assessment years immediately succeeding the assessment yea r for which the excess interest expenditure was fir st computed. ( 5) For the purposes of this section, the expressions–– ( i) “a ssociated enter prise” shall have the meaning assigned to it in sub-section ( 1) and sub-section (2) of section 92A; ( ii) “debt” means any loan, financial instrument, finance lease, financial derivative, or any arrangement that gives rise to interest, discounts or other finance char ges tha t are deductible in the computation of income char geable under the head “Profits and gains of business or profession”; ( iii) “permanent establishment” includes a fixed place of business through which the business of the enterprise is wholly or par tly car ried on. ’.-24- In sertion of new section 94B Lim it at ion on interest dedu ction in certain cases. Ex-576/2017 44.In section 115BBDA of the Income-tax Act [as inserted by section 5 2 of the Finance Act, 2016], with effect from the 1st day of April, 2018,— (i) in sub-section (1), for the words “a n assess ee, being an individua l, a Hindu Undivided Family or a firm”, the words “a specified assess ee” shall be substituted; ( ii) for sub-section (3), the followingExplanationshall be substituted, namely: — ‘Explanation.––F or the purposes of this section,— (a) “dividend” shall have the meaning assigned to it in clause ( 22) of section 2 but shall not include sub-clause (e) thereof; ( b) “specified assessee” means a person other than,— (i) a domestic company; or ( ii) a fund or institution or trust or any university or other educational institution or a ny hospital or other medical institution referred to in sub-clause ( iv) or sub-clause (v) or sub-clause ( vi) or sub-clau se (via) of cla us e (23C) of section 10; or ( iii) a trust or institution registered under section 12A or section 1 2AA. ’. 45.After section 115BBF of the Income-tax Act [as inserted b y section 54 of t he Fina nce Act , 2016], the following section shall be inserted with effect from the 1st day of April, 2018, namely: — ‘115 BBG. (1) Wher e the tota l inc ome of a n as ses see includes a ny income by way of transfer of carbon credits, the income-tax payable shall be the aggregate of— ( a) the amount of income-tax calcula ted on t he income by wa y of transfer of carbon credits, at the rate of ten per cent.; and ( b) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause ( a). ( 2) Notwithstanding anything contained in this Act, no deduction in respect of any expenditure or allowance shall be allowed to the assessee under any pr ovision of this Act in computing his income referred to in clause ( a) of sub-section (1). Expla na tion.––For the purposes of this section, “carbon credit” in respect of one unit shall mean reduction of one tonne of carbon dioxide emissions or emissions of its equivalent gases which is validated by the United Nations Fra mework on Climate Cha nge and which can be traded in market at its prevailing market price.’. 46.In section 115JAA of the Income-tax Act, with effect from the 1st da y of April, 2018,— ( a) in sub-section (2A), after the proviso, the following proviso shall be inserted,namely: — “Provided further that where the amount of tax credit in respect of any income- tax paid in any country or specified terr itory outside India, under section 90 or section 90A or section 91, allowed against the tax payable under the provisions of sub-section ( 1) of section 115JB exceeds the amount of such tax credit-25- Amend- ment of section 115BBDA28 of 2016 In sertion of new section 115 BBG28 of 2016 Amend- ment of section 115JAA Ex-576/2017 Tax on income from transfer of carbon credits. admissible against the ta x payable by t he assessee on its income in accordance with the other provisions of this Act, then, while computing the amount of credit under this sub-section, such excess amount shall be ignored.”; (b) in sub-section (3A), for the words “ tenth assessment year”, the words “fif teenth assessment yea r” sha ll be substitu ted. 47.In section 115JB of the Income-tax Act, — (i) in sub-section (2),— (a) for the words “pr ofit and loss account” wherever they occur, the words “statement of profit and loss” sha ll be substituted; ( b) for the words and figures “the Companies Act, 1956” wherever they occur, the wor ds and figures “the Companies Act, 2013” shall be substituted; ( c) in clause (a), for the words and figures “Part II of Schedule VI”, the word and figur es “Schedule III” sha ll be substituted; ( d) in claus e (b), for the words, br ackets a nd figures “proviso to sub- section ( 2) of section 211”, the words, brackets and figures “second proviso to sub-section ( 1) of section 129” shall be substituted; ( e) in the fir st proviso, for the word and figures “section 210”, the word and figures “section 129” shall be substituted; ( ii) a f t er s u b - s ec t io n (2), the following sub-sections shall be inserted, namely:— ‘(2A) For a company whose financial statements are drawn up in compliance to the Indian Accounting Standards specified in Annexure to the Companies (Indian Accounting Sta ndards) Rules, 2015, the book profit as computed in accordance with Explanation1 to sub-section (2) shall be further– ( a) increased by all amounts credited to other comprehensive income in the statement of profit and loss under the head “Items that will not be re-classified to profit or loss”; ( b) decreased by all amounts debited to other comprehensive income in the statement of profit and loss under the head “Items that will not be re-classified to profit or loss”; ( c) increased by amounts or aggregate of the amounts debited to the sta tement of pr ofit and loss on distribution of non-cash assets to shar eholders in a demerger in accordance with Appendix A of the Indian Accounting S tandards 10; ( d) decreased by all amounts or aggregate of the amounts credited to the statement of profit and loss on distribution of non-cash assets to shar eholders in a demerger in accordance with Appendix A of the Indian Accounting S tandards 10: Provided that nothing contained in clause ( a) or clause (b) shall apply to the amount credited or debited to other comprehensive income under the head “Items that will not be re-classified to profit or loss” in respect of — (i) revaluation surplus for assets in accordance with the Indian Accounting Standards 16 and Indian Accounting Standards 38; or ( ii) ga ins or losses from investments in equity ins truments designated at fair value through other comprehensive income in accordance with the Indian Accounting Sta ndards 109: Provided fur ther that the book profit of the previous year in which the asset or investment r eferred to in the fir st proviso is retired, disposed,-26- Amend- ment of section 115JB 1 of 1956 18 of 2013 Ex-576/2017 realised or other wise transferred sha ll be incr eased or decrea sed, as the case may be, by the amount or the aggregate of the amounts referred to in t he first proviso for the previous year or any of the preceding previous year s and relatable to such asset or investment. (2B) In the case of a resulting compa ny, where the property and the liabilities of t he undertaking or undertakings being received by it are recorded at values different from values appearing in t he books of account of the demerged company immediately before the demerger, any change in such value shall be ignored for the purpose of computation of book profit of the resulting company under this section. ( 2C) For a company referred to in sub-section (2A), the book p rofit of the year of convergence and each of the following fou r previous year s, shall be fur ther incr eased or decreased, as the case may be, by one-fifth of the transition amount: Pr ovided that the book pr ofit of the previous year in which the asset or investment r eferred to in sub-clauses ( B) to (E) of clause (iii) of theExplanationis retired, disposed, realis ed or otherwise transferred, shall be increased or decreased, as t he case may be, by the amount or the a ggregate of the amounts referr ed to in the said sub-clauses relatable to such asset or investment: Provided fu rther that the book p rofit of the pr evious year in which the for eign operation referred to in sub-clause ( F) of cla us e (iii) of theExplanationis disposed or otherwise tr ansferr ed, sha ll be increased or dec reased, as the case ma y be, by the amount or the aggregate of the amounts referred to in the said sub-clauses relatable to s uch foreign operations. Explanation.––For the purposes of this sub-section, the expression–– ( i) “year of convergence” means the previous yea r within which the convergence date fa lls; ( ii) “convergence date” means the first day of the first Indian Accounting Sta ndar ds reporting period as defined in the Indian Accounting St anda rds 101; ( iii) “tra nsition amount” means the amount or the aggrega te of the amounts adjusted in the other equity (excluding capit al reserve and securities premium reserve) on the convergence date but not including the following:–– ( A) a mount or aggregate of the amounts adjusted in t he other comprehensive income on the convergence date which shall be subsequently re-classified to the profit or loss; ( B) revaluation surplus for assets in accordance with the Indian Accounting Standards 16 and Indian Accounting Standards 38 adjusted on the convergence date; ( C) ga ins or losses from investments in equity instruments designated at fair value through other comprehensive income in accordance with the Indian Accounting Standards 109 adjusted on the convergence date; ( D) adjustments relating to items of property, plant and equipment and intangible assets recorded at fair value as deemed cost in accordance with paragra phs D5 and D7 of the Indian Accounting Standards 101 on the convergence date; ( E) adjustments relating to investments in subsidiar ies, joint ventures and associates recorded at fair value as deemed cost in accordance with paragraph D15 of the Indian Accounting Standards 101 on the convergence date; and ( F) adjustments relating to cumulative tra nslation differences of a-27- Ex-576/2017 foreign operation in accordance with paragraph D13 of the Indian Accounting Standar ds 101 on the convergence date.’; (iii) inExplanation1,— (a) for the words “net profit”, the word “pr ofit” shall be substituted; ( b) for the words “pr ofit and loss account” wherever they occur, the words “statement of profit and loss” sha ll be substituted; ( c) in clause (k), for the words “ profit or loss a ccount”, the words “statement of profit and loss” shall be substituted; ( iv) inExplanation3,— (a) for the words, brackets and figures “ proviso to sub-section (2) of section 211 of the Companies Act, 1956”, the words, brackets and figures “second proviso to sub-section ( 1) of section 129 of the Companies Act, 2013” shall be substituted; ( b) for the words “pr ofit and loss account”, the words “statement of profit and loss” shall be substituted; (c) for the words a nd figures “Pa rt II a nd Part III of Schedule VI to the Companies Act, 1956”, the words a nd figur es “Schedule III to the Compa nies Act, 2013” shall be substituted. 48.In s ection 115JD of the Income-tax Act, with effect from the 1st da y of April, 2018, — (a) in s u b -s ect ion (2), the following proviso shall be inser ted, namely:— “P rovided that where the amount of tax credit in respect of a ny incometax paid in any cou ntry or specified terr itory outside India under section 90 or section 90A or section 91, allowed aga inst the alternate minimum tax payable, exceeds the amount of the tax credit admissible against the regular incometax payable by the assessee, then, while computing the amount of credit under this sub-section, such excess amount shall be ignor ed.”; ( b) in sub-section (4), for the words “tenth assessment year”, the words “fifteenth assessment year” shall be substituted. 49.In s ection 119 of the Income-tax Act, in sub-section ( 2), in clause (a), after the figures “271”, the figures and letters “,271C, 271CA” shall be inserted. 50.In section 132 of the Income-tax Act, — (i) in s u b -s ect ion (1), after the fourth proviso, the followingExplanation shall be inserted a nd shall be deemed to have been inserted with effect from the 1st day of April, 1962, namely: — “Explanation.––F or the removal of doubts, it is hereby declared that the reason to believe, as recorded by the income-tax authority under this sub-section, shall not be disclosed to a ny person or any authority or the Appellate Tribunal.”; ( ii) in sub-section (1A), the followingExplanationsha ll be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1975, namely: — “Explanation.––F or the removal of doubts, it is hereby declared that the reason to suspect, as r ecorded by the income-tax authority under this sub-section, shall not be disclosed to any person or any authorit y or-28- Amend- ment of section 115JD 1 of 1956 18 of 2013 1 of 1956 18 of 2013 Amend- ment of section 119 Amend- ment of section 132 Ex-576/2017 the Appellate Tribunal.”; (iii) after sub-section (9A), the following sub-sections shall be inserted,namely:— “( 9B) Where, during the course of the search or seizure or within a period of s ixty days from the date on which the last of the authorisations for search was executed, the authorised officer, for reasons to be recorded in writing, is satisfied that for the pur pose of protecting the interest of revenue, it is necessary so to do, he may with the pr evious approva l of the Principa l Director General or Director Genera l or the Principal Director or Director, by order in writing, attach provisionally any property belonging to the assessee, and for the said purposes, the pr ovisions of the Second Schedule shall, mutatis mutandis,a p p l y. ( 9C) Every provisional attachment made under sub-section (9B) shall cease to ha ve effect after the expiry of a period of six months from the date of the order referred to in sub-section ( 9B). ( 9D) The authorised officer may, during the course of the search or seizure or within a period of sixty days from the date on which the last of the authorisations for search was executed, make a reference to a Valuation Officer r eferred to in section 142A, who shall estimate the fair market value of the property in the manner provided under that section and submit a report of the estimate to the said officer within a period of sixty days from the date of receipt of such r eference.”; ( iv) forExplanation1, the followingExplanationshall be substituted, namely:— ‘ Explanation1.––For the purposes of sub-sections (9A), (9B) a nd (9D), with respect to “execution of an authorisa tion for search”, the provisions of sub-section ( 2) of section 153B shall apply.’. 51.In section 132A of the Income-tax Act, in sub-section ( 1), the following Explanationsha ll be inserted and sha ll be deemed to ha ve been inserted with effect from the 1st day of October, 1975, namely: — “Explanation.––F or the r emoval of doubts, it is hereby decla red that the reason to believe, as recorded by the income-tax author ity under this sub- section, shall not be disclosed to any person or any a uthorit y or the Appellate Tribunal.”. 52.In section 133 of the Income-tax Act, — (i) in the fir st proviso, for the wor ds “and the Principal Commissioner or Commissioner”, the words “or the Principal Commissioner or Commissioner or the Joint Director or Deputy Director or Assistant Director” shall be substituted; ( ii) in the second proviso, after the words “Director or Principal Commissioner or Commissioner”, the words “, other than the Joint Director or Deputy Director or Assistant Director,” shall be inser ted. 53.In section 133A of the Income-tax Act, in sub-section ( 1),— (i) in the long line, for the portion beginning with “a t which a business or profession” and ending with “such business or pr ofession––”, the following shall be substituted, namely: — -29- Amend- ment of section 132A Amend- ment of section 133 Amend- ment of section 133A Ex-576/2017 “at which a business or profession or an activity for charitable purpose is carried on, whether such place be the principal place or not of such business or profession or of such activity for charitable purpose, and require any proprietor, trustee, employee or any other person who may at that time and place be attending in a ny manner to, or helping in, the carr ying on of such business or profession or such activity for charit able purpose––”; (ii) in theExpla na tion, after the words “business or profession” wherever they occur, the words “or activity for charita ble pur pose” s hall be insert ed. 54.In s ection 133C of the Income-tax Act, a fter sub-section ( 2) a nd before the Explanation, the following sub-section sha ll be inserted, namely:–– “( 3) The Board may make a scheme for centralised issuance of notice and for processing of information or documents and ma king available the outcome of t he processing to the Assessing Officer.”. 55.In section 1 39 of the Income-tax Act, with effect from the 1st da y of April, 2018, — (i) in sub-section (4C),— (I) after clause (c), the following clause shall be inserted, namely: “( ca) person referred to in clause (23AAA) of section 10;”; ( II) after clause (eb), the following clauses shall be inserted, namely: “( eba) Investor Protection Fund referr ed to in clause (23EC) or clause ( 23ED) of section 10; ( ebb) Core Settlement Gua rantee F und referred to in clause ( 23EE) of section 10;”; ( III) aft er cla us e (f), the following clause shall be inserted, namely:— “(fa) Board or Authorit y refer red to in clause (29A) of section 10;”; ( IV) in the long line occurring after clause (h), after the words “association or institution,”, the words “person or” shall be inserted; ( ii) in sub-section (5) [as substituted by section 67 of the Finance Act, 2016], the words “ the exp iry of one year from” shall be omit ted. 56.After section 139A of the Income-tax Act , the following section shall be inserted, namely:— ‘139AA. ( 1) Every person who is eligible to obtain Aadhaar number shall, on or after the 1st day of July, 2017, quote Aadhaar number— ( i) in the application form for allotment of permanent account number; ( ii) in the return of income: Provided tha t where the person does not possess the Aadhaar number, the Enrolment ID of Aadhaa r application form issued to him at the time of enrolment shall be quoted in the application for permanent account number or, as t he case may be, in the return of income furnished by him. (2) Every person who has been allotted permanent account number as on t he 1st day of July, 2017, and who is eligible to obtain Aadhaar number, shall intimate his Aadhaar number to such authority in such for m and manner as may be prescribed, on or before a date to be notified by the Central-30- Amend- ment of section 133C Amend- ment of section 139 In sertion of new section 139AA Quoting of Aadhaar number 28 of 2016 Ex-576/2017 Government in the Official Gazette: Provided tha t in ca se of fa ilure to intimate the Aadhaar number, the permanent account number allotted to the person shall be deemed to be invalid and the other pr ovisions of this Act shall apply, as if the person had not a pplied for allotment of permanent account number. (3) T he provisions of this section shall not apply to such person or class or classes of persons or any Sta te or part of any Sta te, as may be notified by the Central Government in this behalf, in the Official Gazette. Explanation.—For the purposes of this section, the expressions— ( i) “Aadhaar number”, “Enrolment” and “resident” shall have the same meanings resp ectively assigned to them in clauses ( a), (m) and (v) of section 2 of the Aadhaar (Target ed Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016; ( ii) “Enrolment ID” means a 28 digit Enrolment Identification Number issued to a resident at the time of enrolment.’. 57.In section 140A of the Income-ta x Act, with effect from the 1st da y of April, 2018, — (i) in sub-section (1),— (a) in the long line,— (A) after the words “together with interest”, the words “and fee” sha ll b e inser ted; ( B) for the words “a nd interest”, the wor ds “, interest and fee” shall be substituted; ( b) in theExplanation, for the words “a nd interest as aforesaid, the amount so paid shall first be adjusted towards”, the words “, int er es t a nd fee a s a for es a id, t he a mou nt s o p a id s ha ll f ir s t b e a d ju s t ed towa rds the fee payable and ther eafter towards” shall be substitu ted; ( ii) in sub-section (3), for the words “ or interest or both” at both the pla ces wher e they occur, t he words “inter est or fee” shall be substitu ted. 58.In section 143 of the Income-tax Act, — (a) in sub-section (1), with effect from the 1st day of April, 2018,— (i) in clause (b), for the words “a nd interest”, the words “, interest and fee” shall be substitu ted; ( ii) in clause (c),— (A) for the words “and interest”, the words “, interest and fee” shall be substituted; ( B) for the words “or interest”, the words “, interest or fee” shall be substituted; ( iii) in the first proviso, for the words “or interest”, the words “, interest or fee” sha ll be s ubstitu ted; ( b) for sub-section (1D) [as substituted by section 68 of the Fina nce Act , 2016], the following shall be substituted, namely: — “(1D) Notwithstanding anything contained in sub-section (1), the processing of a retur n shall not be necessa ry, where a notice ha s been is sued to the ass essee under sub -section ( 2): Provided that the provisions of this sub-section shall not apply to a ny retur n furnished for the assessment year commencing on-31- 18 of 2016 Amend- ment of section 140A Amend- ment of section 143 28 of 2016Ex-576/2017 or after the 1st day of April, 2017.”. (c) in sub-section (3), for the portion beginning wit h the words “On the day specified in the notice” and ending with the words, brackets and letters “issued under clause ( ii) of ”, the words “On the day specified in the notice issued under” s hall be substituted and shall be deemed to have been substituted with effect from the 1st day of June, 2016. 59.In section 153 of the Income-tax Act, — (i) in s u b -s ect ion (1), the following provisos shall be inserted, namely:— ‘Provided that in respect of an or der of assessment relating to the assessment year commencing on the 1st day of April, 2018, the provisions of t his sub-section shall have effect, as if for the words “twenty-one months”, the words “eighteen months” had been substituted: Provided fu rther that in respect of an order of assessment relating to the assessment year commencing on or a fter the 1st day of April, 2019, the provisions of this sub-section shall have effect, a s if for the words “twentyone months”, the wor ds “twelve months” had been substituted.’; ( ii) in sub-section (2), the following pr oviso shall be inserted, namely:— ‘Provided that where the notice under section 148 is served on or after the 1st day of April, 2019, the provisions of this sub-section s hall have effect, as if for the words “nine months”, the words “twelve months” had been substituted.’; ( iii) in sub-section (3), the following pr oviso shall be inserted, namely:— ‘Provided that wher e the order under section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, a s the case may be, the order under section 263or section 264 is passed by the Principal Commissioner or Commissioner on or after the 1st day of April, 2019, the pr ovisions of this sub-section shall have effect, as if for the words “nine months”, the words “twelve months” had been substituted.’; ( iv) in sub-section (5), after the proviso, the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st da y of June, 2016, namely: — “Provided further that where an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 requires verification of any issue by way of submission of any document by the assessee or any ot her person or where an opportunity of being hear d is to be provided to the assessee, the order giving effect to the said order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 shall be made within the time specified in sub-section ( 3).”; ( v) in sub-section (9), the following proviso sha ll be inserted and shall be deemed to have been inserted with effect from the 1st day of June, 2016, namely: — “Provided t hat where a notice under sub-section (1) of section 142 or sub-section ( 2) of section 143 or section 148 has been issued prior to the 1st day of June, 2016 a nd the assessment or r eassess ment has not been completed by such date due to exclusion of t ime referred to in-32- Amend- ment of section 153 Ex-576/2017 Explanation1, such assessment or reassessment shall be completed in accordance with the provisions of this section as it stood immediately before its substitution by the Finance Act, 2016.”; ( vi) inExplanation1, in the third proviso, the figur es and letter “ 153B,” s hall be omitted. 60.In section 153A of the Income-tax Act, in sub-section ( 1),— (i) in clause (a), first pr oviso a nd the second proviso, after the words “six assessment years” wherever they occur, the words “a nd for the relevant assessment year or years” shall be inserted; ( ii) in clause (b), after the words “requisition is made”, the words “and of t he relevant assessment year or years” shall be inserted; ( iii) in the third proviso, a fter the words “requisition is made”, the words “and for the relevant assessment year or years” shall be inserted; ( iv) after the third proviso, the following shall be inserted, namely:— ‘Provided also that no notice for assess ment or reassessment s hall be issued by the Assessing Officer for the relevant assessment year or years unless— ( a) the Assessing Officer has in his possession books of account or other docu ments or evidence which revea l tha t the income, represented in the form of asset, which has escaped assessment amounts to or is likely to amount to fifty lakh rupees or more in the relevant assessment year or in aggregate in the relevant assess ment years; ( b) the income referr ed to in clau se (a) or part thereof has escaped assessment for such year or years; and ( c) the search under section 132 is initiated or requisition under section 132A is made on or after the 1st day of April, 2017. Explanation1.––For the purposes of this sub-section, the expression “relevant assessment year” shall mean an assessment year preceding the assessment year relevant to the previous yea r in which search is conducted or requisition is made which falls beyond six assessment yea rs but not later than ten assessment years from the end of t he assessment year relevant to the previous year in which sear ch is conducted or requisition is made. Explanation2.––For the purposes of the fourth proviso, “asset” shall include immovable property being land or building or both, shares and securit ies, loans and advances, deposits in bank account.’. 61.In section 153B of the Income-tax Act, — (a) in sub-section (1),— (i) in clause (a), a fter the words “six assessment years”, the words “and for the relevant assessment year or years” shall be inserted; ( ii) for the second and third provisos, the following provisos shall be substituted, namely: — ‘Provided further that in the case where the last of the authorisations for search u nder section 132 or for requisition under section 132A was executed during the financial year commencing on the 1st day of April, 2018, — (i) the provisions of clause (a) or clause (b) of this sub-section -33- Amend- ment of section 153A28 of 2016 Amend- ment of section 153BEx-576/2017 shall have effect, as if for the words “twenty-one months”, the words “eighteen months” ha d been substituted; (ii) the period of limitation for making the assessment or reassessment in case of other person referred to in section 153C, shall be the period of eighteen months fr om the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed or twelve months from the end of the financial year in which books of account or documents or assets seized or r equisit ioned ar e handed over under section 153C to the Assess ing Officer having jur isdiction over such other person, whichever is la ter: P rovided als o t hat in t he cas e where t he las t of the au t hor isa t ions for search under section 1 32 or for requisition under section 132A was executed during the financial year commencing on or after the 1st day of April, 2019, — (i) the provisions of clause (a) or clause (b) of this sub-section shall have effect, as if for the words “twenty-one months”, the words “twelve months” had been substituted; ( ii) the period of limitation for making the assessment or reassessment in case of other person referred to in section 153C, shall be the period of twelve months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed or twelve months from the end of the financial year in which books of account or documents or assets seized or r equisit ioned ar e handed over under section 153C to the Assess ing Officer having jur isdiction over such other person, whichever is la ter: Provided also that in case where the last of the authorisations for search under section 1 32 or for requisition under section 132A was executed and during the course of the proceedings for the assessment or reass essment of tot al income, a r eference under sub- section ( 1) of section 92CA is made, the period available for ma king an order of assessment or reassessment shall be extended by twelve months: Provided also that in case where during the course of the proceedings for the assessment or reassessment of tota l income in case of other person refer red to in section 153C, a reference under sub-section ( 1) of section 92CA is made, the period available for making an or der of assessment or r eassess ment in case of such other person shall be extended by twelve months.’; ( b) in sub-section (3), the following proviso sha ll be inserted and shall be deemed to have been inserted with effect from the 1st day of June, 2016, namely: — “Provided that where a notice under section 15 3A or section 153C has been issued prior to the 1st da y of June, 2016 and the assess ment has not been completed by s uch date due to exclusion of t ime referred to in the Explanation,such assessment shall be completed in accordance with the provisions of this section as it stood immediately before its substitution by 28 of 2016. the Finance Act, 2016.”;-34- 28 of 2016 Ex-576/2017 (c) in theExplanation, after the second proviso, the following proviso shall be inserted, namely: — “P rovided also t ha t where a pr oceeding befor e the Settlement Commission abates under section 245HA, the period of limitation available under this section to the Assessing Officer for making an order of assessment or reassessment, as the case may be, shall, after the exclusion of t he per iod under sub-section ( 4) of section 245HA, be not less than one year; a nd where such period of limitation is less than one year, it shall be deemed to have been extended to one year.”. 62.In section 153C of the Income-tax Act, in sub-section ( 1),— (a) in the long line, after the words “total income of s uch other person”, the words “ for six assess ment years immediately preceding the assess ment year releva nt to t he previous year in which search is conducted or requisition is made and” shall be inserted; (b)in t he second proviso, after the words “ requisition is made”, the words, brackets, figures and letter “and for the relevant assess ment year or years as referred to in sub-section ( 1) of section 153A” shall be inserted. 63.In s ection 155 of the Income-tax Act, after sub-section ( 14), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely: — “(14A) Where in the assessment for any previous year or in any intimation or deemed intimation u nder sub-section ( 1) of section 143 for any previous year, credit for income-t ax paid in any country outside India or a specified territory outside India referred to in section 90, section 90A or section 91 has not been given on the ground that the payment of such ta x was under dispute, and if subsequently such dispute is settled; and the assessee, within six months from the end of the month in which the dispute is settled, furnishes to the Assessing Officer evidence of settlement of dispute and evidence of payment of such tax along with an underta king that no credit in respect of such amount has dir ectly or indirectly been claimed or shall be claimed for any other a ssessment year, the Assessing Officer shall amend the order of assessment or any intimation or deemed intima tion under sub-section ( 1) of section 143, as the case may be, and the provisions of section 154 shall, so far as ma y be, apply thereto: Provided that the credit of tax which wa s under dispute shall be allowed for the yea r in which s uch income is offered to tax or assessed to tax in India. ”. 64.After section 194-IA of the Income-tax Act, the following section shall be inserted with effect from the 1st da y of June, 2017, namely: — ‘194-IB. (1) Any person, being an individual or a Hindu undivided family (other than those referred to in the second proviso to section 194-I), responsible for paying to a resident a ny income by way of rent exceeding fifty thousand rupees for a month or part of a month during the previous year, shall deduct an a mount equal to five per cent. of such income as income-tax thereon. ( 2) The income-tax referred to in sub-section (1) shall be deducted on such income at the time of credit of rent, for the last month of the previous-35- Amend- ment of section 153C Amend- ment of section 155 In sertion of new section 194-1B Payment of rent by certain individuals or Hindu undived familyEx-576/2017 year or the last month of tenancy, if the property is vacated during the year, as the case may be, to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is ear lier. (3) The provisions of section 203A shall not apply to a person required to deduct tax in a ccordance with the pr ovisions of this section. ( 4) In a case where the tax is required to be deducted as per the provisions of section 206AA, such deduction shall not exceed the amount of rent payable for the last month of the previous year or the last month of the tena ncy, as the case may be. Explanation.—For the pur poses of this section, “rent” means any payment, by whatever name ca lled, under any lease, sub-lease, tenancy or any other agreement orarrangement for the use of any la nd or building or both.’. 65.After section 194-IB of t he Income-tax Act as so inserted, the following section sha ll be inserted, namely:— “194-IC. Notwithsta nding a nything contained in section 194-IA, any person responsible for paying to a resident any s um by wa y of consideration, not being consider ation in kind, under the agreement r eferred to in sub-section ( 5A) of section 45, s ha ll a t the time of credit of such sum to the a ccount of the payee or at the time of pa yment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equa l to ten per cent. of s uch sum as income-tax thereon.”. 66.In s ection 194J of the Income-tax Act, a fter the third proviso and before the Explanation, the following proviso shall be inserted with effect from the 1st da y of June, 2017, namely:— ‘Provided also that the pr ovisions of this section shall have effect, a s if for the words “ten per cent.”, the words “two per cent.” had been substituted in the case of a payee, engaged only in the business of opera tion of ca ll centre.’. 67.In s ection 194LA of the Income-tax Act, after the proviso and before the Explanation, the following pr oviso shall be inserted, namely:— “Provided fu rther that no deduction shall be made under this section where such payment is made in respect of a ny award or agr eement which has been exempted from levy of income-tax under section 96 of t he Right to Fair Compensation a nd Transparency in Land Acquisition, Rehabilitation and Reset tlement Act, 201 3.”. 68.In section 194LC of the Income-tax Act, in sub-section ( 2),— (a) in clause (i), with effect from the 1st day of April, 2018,— (A) in sub-clauses (a) and (c), for the figures, letters and words “1st day of July, 2017”, the figures, letters and words “1st day of July, 2020” shall be substituted; ( B) in the long line, for the word “and”, the word “or” shall be substituted; ( b) after clause (i), the following clause sha ll be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2016, namely: — “(ia) in respect of monies borrowed by it fr om a source outside India-36- In sertion of new section 194-IC Payment under specified agreement Amend- ment of section 194J Amend- ment of section 194LA 30 of 2013 Amend- ment of section 194LC Ex-576/2017 by way of is sue of rupee denominated bond before the 1st day of J uly, 2020, and”. 69.In section 194LD of the Income-tax Act , in sub-section (2), for the figures, letters and words “1st day of July, 2017”, the figures, letters and words “1st day of July, 2020” shall be substituted with effect from the 1st day of April, 2018. 70.In section 197A of the Income-ta x Act, with effect from the 1st da y of June, 2017, — (a) in s u b -s ect ion (1A), a ft er t he wor d, figu r es a nd let t er “ s ect ion 1 9 4 A” at both the places where they occur, the words, figur es and letter “or section 194D” shall be inserted; ( b) in sub-section (1C), after the word, figures and letter “section 194A” at both the places where they occur, the words, figur es and letter “or section 194D” shall be inserted. 71.In section 204 of the Income-tax Act, after clause ( iia), the following clause sha ll be inserted, namely:— “( iib) in the case of fu rnishing of information relating to payment to a nonresident, not being a company, or to a foreign company, of any sum, whether or not chargeable under the provisions of this Act, the payer himself, or, if the payer is a company, the company itself including the principal officer thereof;”. 72. In section 206C of the Income-tax Act,— ( a) sub-section (1D) sha ll be omitted; ( b) sub-section (1E) sha ll be omitted; ( c) in sub-sections (2), (3), (3A) and sub-section (9), the words, brackets, figure and letter “or sub-section ( ID)” wherever they occur, shall be omitted; ( d) in sub-section (6A), in the first proviso, the words, brackets, figure and letter “, other than a person referred to in sub-section ( 1D),” shall be omitted; ( e) in sub-section (7), in the proviso, the words, br ackets, figure and letter “, other tha n a person referred to in sub-section ( ID),” shall be omitted; ( f) in theExplanationoccurring a fter sub-section (11),— ( A) in clause (aa),— ( I) sub-clasuse (ii) sha ll be omitted; ( II) after sub-clause (ii), the following sub-clause shall be inserted, namely:— “( iii) sub-section (1F) means a person who obtains in any sale, goods of the nature specified in the said sub-s ection, but does not include,— ( A) the Centra l Government, a State Government and an embassy, a High Commission, legation, commission, cons ulate and the trade representa tion of a foreign State; or ( B) a local authority as defined inExplanationto clause ( 20) of section 10; or ( C) a public sector company which is engaged in the business of carrying passengers.”;-37- Amend- ment of section 194LD Amend- ment of section 197A Amend- ment of section 204 Amend- ment of section 206CEx-576/2017 (B) clause (ab) sha ll be omitted. ( C) in clause (c), for the words, brackets, figures and letters “or sub section ( 1D) ar e sold or services referred t o in sub -section (ID) ar e provided”, the words “ are sold” sha ll be s ubstituted. 73.After section 206CB of the Income-tax Act, the following section shall be inserted, namely:— ‘206CC. ( 1) Notwithstanding anything contained in any other provisions of this Act, any person paying any sum or amount, on which tax is collect ible at source under Chapter XVII-BB (herein referred to as collectee) shall furnish his Permanent Account Number to the person responsible for collecting such tax (herein referred to as collect or), fa iling which tax shall be collected at the higher of the following rates, namely:— ( i) at twice the rate specified in the relevant provision of this Act; or ( ii) at the rat e of five per cent. ( 2) No declaration under sub-section (1A) of section 206C shall be valid unless the person furnishes his Permanent Account Number in s uch declar ation. ( 3) In case any declar ation becomes invalid under sub-section (2), the collector shall collect the tax at sour ce in a ccordance with the pr ovisions of sub-section ( 1). ( 4) No cer t if ica t e u n der s u b -s ect io n (9) of section 206C sha ll be gr anted unless the application made under that section contains the Permanent Account Number of the applicant. ( 5) The collectee shall fur nish his Permanent Account Number to the collector and both shall indicate the same in all the correspondence, bills, vouchers and other documents which are sent to each other. ( 6) Where the Permanent Account Number provided to the collector is inva lid or does not belong to the collect ee, it shall be deemed that the collectee has not fur nished his Permanent Account Number to the collector and the provisions of sub-section ( 1) sha ll apply accordingly. ( 7) The provisions of this section shall not apply to a non-r esident who does not have permanent est ablishment in India. Expla na tion.—For the purposes of this sub-section, the expression “permanent establis hment” includes a fixed place of business through which the business of the enterprise is wholly or pa rtly ca rried on.’. 74.In section 211 of the Income-tax Act, in sub-section ( 1), in cla us e (b), for the wor ds, figures and let ters “a n eligible ass essee in respect of an eligib le business referred to in section 44AD”, the words, brackets, figur es and letters “an assessee who declares profits and gains in accorda nce wit h the pr ovisions of sub-section ( 1) of section 44AD or sub-section ( 1) of section 44ADA, as the case may be” shall be substituted. 75.In section 234C of the Income-tax Act, in sub-section ( 1),— ( i) in clause (a), for the words, figures and letters “an eligible assessee in r espect of the eligible business referr ed to in section 44AD”, the words, brackets and letter “the assessee referr ed to in claus e ( b)” shall be substituted; -38- In sertion of new section 206CC Require- ment to furnish Permanent Account Number by collectee Amend- ment of section 211 Amend- ment of section 234C Ex-576/2017 (ii) in clause (b), for the words, figures and letters “a n eligible assessee in r espect of the eligible business referr ed to in section 44AD”, the words, brackets, figures a nd letters “an assessee who declares profits and gains in accordance with the provisions of sub-section ( 1) of section 44AD or sub- section ( 1) of section 44ADA, as the case may be” shall be substituted; ( iii) in the first proviso,— (A) in clause (c), for the words “ first time,” occurring at the end, the words “first time; or” shall be substituted; ( B) after clause (c) and before the long line, the following clause shall be inserted, namely:— “( d) income of the nature referred to in sub-section (1) of section 115BBDA,”; ( C) in the long line, after the words, brackets and letter “or clause ( c)”, the words, brackets and letter “or clause (d)” shall be inserted. 76.After section 234E of the Income-tax Act , the following section shall be inserted with effect from the 1st day of April, 2018, namely:— “234F. ( 1) Without prejudice to the provisions of this Act, where a person required to furnish a return of income under section 139, fails to do so within the time prescribed in sub-section ( 1) of the sa id section, he shall pay, by way of fee, a sum of, — (a) five thousand rupees, if the return is furnished on or before the 31st da y of December of the asses sment year; ( b) ten thousa nd rupees in any other case: Provided tha t if the total income of the person does not exceed five la kh rupees, the fee paya ble under this section sha ll not exceed one thousand rupees. ( 2) The provisions of this section s hall apply in r espect of retur n of income required to be fur nished for the assessment year commencing on or after the 1st day of April, 2018.”. 77.After section 241 of the Income-tax Act [as it stood immediately before its omission by section 81 of the Finance Act, 2001], the following sect ion shall be inserted, namely:— “241A. For every assessment year commencing on or after the 1st day of April, 2017, where refund of any amount becomes due to the assessee under the provision of sub-section ( 1) of section 143 and the Assessing Officer is of the opinion, having regard to the fact that a notice has been issued under sub-section ( 2) of section 143 in respect of such return, that the grant of the refund is likely to adversely affect the revenue, he may, for r easons to be recorded in writing and with the previous approval of the Principal Commissioner or Commissioner, as the case may be, withhold the refund up to the date on which the assessment is made.”. 78.In section 2 44A of the Income-tax Act, — (i) after sub-section (1A), the following sub-section shall be inserted, namely: — “(1B) Where refund of a ny amount becomes due to the deductor in-39- In sertion of new section 234F. Fee for default in furnishing return of income In sertion of new section 241A. 14 of 2001 Withholding of refund in certain cases. Amend- ment of section 244AEx-576/2017 respect of a ny amount paid to the credit of the Centra l Government under Chapter XVII-B, such deductor shall be entitled to receive, in addition to the said amount, simple interest thereon calculated at the rate of one-half per cent. for every month or part of a month comprised in the period, from the date on which–– (a) claim for refund is made in the prescribed form; or ( b) t ax is paid, where refund ar ises on a ccount of giving effect to an order under section 250 or section 254 or section 260 or section 262, to the date on which the refund is granted.”; ( ii) in sub-section (2),— (a) after the words “ to the assessee”, the words “ or the deductor, as the case ma y be,” sha ll b e inser ted; ( b) after the word, brackets, figur e and letter “or (1A)”, the word, brackets, figure and letter “or ( 1B)” shall be inserted. 79.In section 245A of the Income-tax Act, in clause ( b), in theExplanation, in clause ( iv), for the wor ds “ two year s fr om the end of the r elevant assessment year ”, the words, brackets and figures “the time specified for making assess ment under sub-section ( 1) of section 153” shall be substituted. 80.In section 245N of the Income-tax Act, for clause ( b), the following clause shall be substituted, namely:— ‘( b) “a pplicant” means— ( A) any person who— ( I) is a non-r esident referred to in sub-clause (i) of clause (a); or ( II) is a resident referred to in sub-clause (ii) of clause (a); or ( III) is a resident referred t o in su b-cla us e (iia) of cla us e (a) falling within any such class or category of persons as the Central Government may, by notifica tion in the Official Gazette, specify; or ( IV) is a resident falling within any such class or category of persons as the Central Government may, by notification in the Official Gazette, specify in this behalf; or ( V) is referred to in s ub-cla us e (iv) of clause (a), and makes an application u nder sub-section ( 1) of section 245Q; ( B) a n a pp lica nt a s defined in cla u s e (c) of section 28E of the Customs Act, 1962; ( C) an applicant as defined in clause (c) of section 23A of the Central Excise Act, 1944; ( D) a n a p p lica nt a s d efined in cla u s e (b) of section 96A of the Finance Act, 1994;’. 81.In section 2 45-O of the Income-tax Act,— ( a) in sub-section (3),— ( i) in cl a u s e (a), a ft er t he wor ds “ a J u d ge of t he S u p r eme C ou r t ”, the words “or the Chief Justice of a High Court or for at least seven year s a Judge of a High Court” shall be inserted; ( ii) for clause (c), the following clause shall be substituted, namely:—-40- Amend- ment of section 245A Amend- ment of section 245N 52 of 1962 1 of 1944 32 of 1994 Amend- ment of section 245-O Ex-576/2017 “(c) a r evenue Member— ( i) from the Indian Revenue Service, who is, or is qualified to be, a Member of the Board; or ( ii) fr om the India n Customs and Central Excise S er vice, who is , or is qu a lified t o b e, a M emb er of t he C ent r a l Boar d of Excise a nd Customs, on the date of occur rence of vacancy;”; ( iii) in clause (d), a fter the words “Government of India”, the words “on the date of occurrence of va cancy” shall b e inserted; ( b) after sub -section (6), the following sub-sections shall be inserted, namely:— “( 6A) In the event of t he occur rence of any vaca ncy in the office of the Chairman by reason of his death, resignation or otherwise, the seniormost Vice-chair man shall act as the Chairman until the date on which a new Chairma n, appointed in accorda nce with the provisions of this Act to fill such vacancy, enters upon his office. ( 6B) In case the Chair man is unable to discharge his funct ions owing to absence, illness or any other ca use, the senior-most Vice- chairman sha ll discharge the functions of the Chairman until the date on which the Chair man resumes his duties.”. 82.In section 245Q of the Income-tax Act, in sub-section ( 1), after the word “advance ruling under this Chapter”, the words, figur es and letters “or under Cha pter of the Customs Act, 1962 or under Chapter IIIA of the Central Excise Act, 1944 or under Chapter VA of the Finance Act, 1994” shall be inserted. 83.In section 253 of the Income-tax Act, in sub-section ( 1), in clause (f), after the words “authority under”, the words, br ackets and figures “sub-clause ( iv) or subclause ( v) or ” shall be inserted. 84. After section 269SS of the Income-tax Act, the following section shall be inserted, namely: — ‘269ST. No person shall receive an amount of two lakh rupees or more— ( a) in aggregate fr om a person in a day; or ( b) in respect of a single transaction; or ( c) in respect of tra nsactions relating to one event or occasion from a person, otherwise than b y an account pa yee cheque or a n account payee bank draft or use of electronic clear ing system through a bank account: Provided that the provisions of this section shall not apply to— ( i) any receipt by— ( a) Government; ( b) any banking company, post office savings ba nk or co-opera tive bank; ( ii) tr ansactions of the nature referred to in section 269SS; ( iii) such other persons or class of persons or receipts, which the Central Government may, by notification in the Official Gazette, specify. Explanation.—For the purposes of this section,— ( a) “banking company” shall have the same meaning as assigned to it in clause ( i) of theExplanationto section 269SS; ( b) “co-operative bank” shall have the same meaning as assigned-41- 52 of 1962 1 of 1944 32 of 1994Amend- ment of section 245Q Amend- ment of section 253 In sertion of new section 269ST. Mode of undertaking transac- tions.Ex-576/2017 to it in clause (ii) of theExplanationto section 269SS.’. 85. After section 271D of the Income-tax Act, the following section shall be inserted, namely:— “271DA. ( 1) If a person receives any sum in contravention of the p r ovis io ns of s ect ion 2 6 9 S T, he s ha ll b e lia b le t o p a y, b y wa y of p ena lt y, a s u m equal to the amount of such receipt: Provided that no penalty shall be imposable if such person proves that there were good and sufficient reasons for the contravention. ( 2) Any penalty imposable under sub-section (1) shall be imposed by the Joint Commissioner.”. 86.In section 271F of the Income-tax Act, the following proviso shall be inserted wit h effect from the 1st day of April, 2018, namely: — “Provided that not hing contained in this section sha ll apply to and in relation to the return of income r equired to be furnished for any assess ment year commencing on or aft er the 1st day of Apr il, 2018.”. 87.After section 271-I of the Income-tax Act, the following section shall be inserted, namely:— ‘271J. Without prejudice to the provisions of this Act, where the Assessing Officer or the Commissioner (Appeals), in the course of any proceedings under this Act, finds that an accountant or a mercha nt banker or a registered valuer has furnished incorrect information in any report or certificate furnished under any provision of this Act or the rules made thereunder, the Assessing Officer or the Commissioner (Appeals) may direct that such accountant or mercha nt banker or registered va luer, a s the case may be, shall pay, by way of penalty, a sum of ten thousand rupees for each such report or certificate. Explanation.––F or the purposes of this section,— (a) “a ccountant” means an accountant referred to in theExplanation below sub-section (2) of section 288; ( b) “merchant banker” means Category I merchant banker registered with the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992; ( c) “ registered valuer” means a person defined in clause (oaa) of section 2 of the Wealth-tax Act, 1957.’. 88.In s ection 273B of the Income-tax Act, a fter the word, figures and letter “section 271-I,”, the word, figures and letter “section 271J,” shall be inserted. CHAPTER IV INDIRECT TAXES Customs 89. In the Customs Act, 1962 (hereinafter referred to as the Customs Act), in section 2,–– ( a) after clause (3), the following clause shall be inserted, namely:— ‘( 3A) “beneficial owner” means any person on whose behalf the-42- In sertion of new section 271DA. Penalty for failure to comply with provisions of section 269ST. Amend- ment of section 271F In sertion of new section 271J. Penalty for furnishing in correct information in reports or certificates. 15 of 1992 27 of 1957 Amend- ment of sec- tion 273B. Amend- ment of section 2. 52 of 1962Ex-576/2017 goods are being imported or exported or who exercises effective control over the goods being impor ted or exported;’; (b) in claus e (13), for the words “customs a irport”, the words “customs airport, international courier terminal, foreign post office” shall be substituted; ( c) in clause (16), the words and figures “in the ca se of goods imported or to be exported by post, the entry referred to in sect ion 82 or” shall be omitted; ( d) in clause (20), for the words “ any owner”, the words “any owner, beneficial owner” shall be substituted; ( e) after clause (20), the following clause shall be inserted, namely:– ‘( 20A) “foreign post office” means any post office appointed under clause ( e) of sub-section (1) of section 7 to be a for eign post office;’; ( f) in clause (26), for the words “ any owner”, the words “any owner, beneficial owner” shall be substituted; ( g) after clause (28), the following clause shall be inserted, namely:–– ‘( 28A) “international courier terminal” means any pla ce appointed under clause ( f) of sub-section (1) of section 7 to be an international courier terminal;’; ( h) after clause (30A), the following clause shall be inserted, namely:–– ‘( 30B) “passenger name record information” means the records prepared by an operator of any aircraft or vessel or vehicle or his authorised agent for each journey booked by or on behalf of any passenger;’. 90. In the Customs Act, in section 7, in sub-section ( 1), after clause (d), the following clauses shall be inserted, namely:–– “( e) the post offices which alone sha ll be foreign post offices for the clearance of impor ted goods or export goods or any class of such goods; ( f) the places which alone shall be international courier terminals for the clearance of imported goods or export goods or any cla ss of such goods.”. 91.In the Customs Act, in section 17, for sub-section ( 3), the following sub- section shall be substituted, namely:–– “( 3) For verification of self-assessment under sub-section (2), the proper officer may require the importer, exporter or any other person to produce any docu ment or informa tion, whereby the duty leviable on the impor ted goods or expor t goods, as the case may be, can be ascer tained a nd thereupon, the importer, exporter or such other person shall produce such document or furnish such information.”. 92. In the Customs Act, in section 27, in sub-section ( 2), in the first proviso, after clause ( f), the following clause shall be inserted, namely:— “( g) the duty paid in excess by the importer before an order permit ting clearance of goods for home consumption is made where— ( i) such excess payment of duty is evident from the bill of entry in the case of self-assessed bill of entry; or ( ii) the duty actually payable is reflected in the reassessed bill of entr y in the ca se of reas sessment.”.-43- Amend- ment of section 7. Amend- ment of section 17. Amend- ment of section 27. Ex-576/2017 93.In the Customs Act , in section 28E, for clause (e), the following clause shall be substituted, namely:–– ‘( e) “Authorit y” means the Authority for Advance R ulings constit uted under section 245-O of the Income-tax Act, 1961;’. 94.In the Customs Act, for section 28F, the following section shall be substituted, namely:–– “28F. ( 1) Subject to the provisions of this Act, the Authority for Advance Rulings constituted under section 245-O of the Income-tax Act, 1961 shall be the Authorit y for giving advance rulings for the purposes of this Act and the said Author ity sha ll exer cise the jurisdiction, power s and a uthority conferred on it by or under this Act: Provided that the Member from the Indian Revenue Service (Customs and Central Excise), who is qualified to be a Member of the Boa rd, shall be the revenue Member of the Authority for the pur poses of this Act. ( 2) On and from the date on which the Finance Bill, 2017 receives the assent of the President, every application and pr oceeding pending before the erstwhile Authority for Advance Rulings (Central Excise, Customs and Service Tax) shall stand tr ansferr ed to t he Authority fr om the stage at which such application or proceeding stood as on t he date of such assent.”. 95.In the Customs Act , section 28G shall be omit ted. 96.In the Customs Act, in section 28H, in sub-section ( 3), for the words “two thousand five hundred rupees”, the words “ten thousand rupees” shall be substituted. 97.In the Customs Act, in section 28-I, in sub-section ( 6), for the words “ninety days”, the words “ six months” shall be substituted. 98.In the Customs Act, after section 30, the following section shall be inserted, namely:— “30A. ( 1) The person-in-cha rge of a conveyance tha t enters India from any place outside India or any other person as may be specified by the Central Government by notification in the Official Gazette, shall deliver to the pr oper officer— ( i) the passenger and crew arrival manifest before arrival in the case of a n aircr aft or a vessel and upon arrival in the case of a vehicle; and ( ii) the passenger na me record information of ar riving passengers, in s uch form, conta ining such particulars, in such manner and within s uch time, as may b e prescr ibed. ( 2) Where the passenger and crew a rrival manifes t or the passenger name record informa tion or any pa rt thereof is not delivered to the pr oper officer within the prescr ibed time and if the proper officer is satisfied that there was no sufficient ca use for such dela y, the person-in-cha rge or the other person refer red to in sub-section ( 1) shall be liable to such penalty, not exceeding fifty thousand rupees, as may be pr escribed.”. 99.In the Customs Act, after section 41, the following section shall be inserted, namely:—-44- Amend- ment of section 28E. Substitution of new section for section 28F. Authority for Advance Ruling. Amendment of section 28H. Amendment of section 28-I. In sertion of new section 30A Passenger and crew arrival manifest and passenger name record information Omission of section 28GEx-576/2017 Insertion of new Section 41A.43 of 1961. 43 of 1961. “41A. (1) The person-in-char ge of a conveyance that depar ts fr om India to a place out side India or a ny other person as may be specified by the Central Government by notification in the Official Gazette, shall deliver to the proper officer— ( i) the passenger and crew dep arture manifest; and ( ii) t he passenger name recor d information of departing passengers, in such for m, conta ining such par ticular s, in such manner and within such time, as ma y be p rescribed. ( 2) Where the passenger and crew departure manifest or the passenger name record informa tion or any pa rt thereof is not delivered to the pr oper officer within the prescr ibed time and if the proper officer is satisfied that there was no sufficient ca use for such dela y, the person-in-cha rge or the other person refer red to in sub-section ( 1) shall be liable to such penalty, not exceeding fifty thousand rupees, as may be pr escribed.”. 100.In the Customs Act, in section 46, for sub-section ( 3), the following sub-section shall be substituted, namely:— “( 3) The importer shall present the bill of entry under sub-section (1) befor e the end of the next da y following the day (excluding holidays) on which the a ircraft or vessel or vehicle carrying the goods ar rives a t a customs station at which such goods are to be cleared for home consumption or warehousing: Provided that a bill of entry may be presented within thirty days of the expected arr ival of the air craft or vessel or vehicle by which the goods have been shipped for importation into India: Provided further that where the bill of entry is not pr esented within the time so specified a nd the proper officer is satisfied that there was no sufficient cause for such delay, the importer shall pay such charges for late presenta tion of t he bill of entry as ma y be pr escribed.”. 101. In the Customs Act, in section 47, in sub-section ( 2), for the portion beginning with the words “Wher e the importer fails to pay” and ending with the words “in the Official Gazette”, the following sha ll be substituted, namely:— “The importer shall pay the import duty— ( a) on the date of presenta tion of the bill of entry in the ca se of selfassessment; or ( b) within one day (excluding holidays) from the date on which the bill of entry is returned to him by the proper officer for payment of duty in the case of assessment, reassess ment or provisional assessment; or ( c) in the ca se of deferred payment under the proviso to sub-section ( 1), from such due date as may be specified by rules made in this behalf, and if he fa ils to pay the duty within the time so specified, he shall pay interest on the duty not paid or short-paid till t he date of its payment, at such rate, not less than ten per cent. but not exceeding thirty-six per cent. per annum, as may be fixed by the Central Government, by notification in the Officia l Gazette.”. 102.In the Customs Act, for section 49, the following section shall be substituted, namely:––-45- Passenger and crew departure manifest and passenger name record information. Amend- ment of section 46 Amend- ment of section 47 Ex-576/2017 Substitution of new section for section 49. “49.Where,–– (a) in the case of any impor ted goods, whether dutiable or not, entered for home consumption, the Assistant Commissioner of Customs or Deputy Commissioner of Customs is satisfied on the application of the importer that the goods cannot be cleared within a reasonable time; ( b) in the case of any imported dutiable goods, entered for warehousing, the Assistant Commissioner of Customs or Deputy Commissioner of Customs is satisfied on the application of the impor ter tha t the goods cannot be r emoved for deposit in a war ehouse within a reasonable time, the goods ma y pending clearance or remova l, as the case may be, be permitted to be stor ed in a public warehous e for a period not exceeding thirty days: Provided tha t the pr ovisions of Cha pter IX shall not apply to goods permitted to be stored in a public wa rehouse under t his section: Provided further that the Principal Commissioner of Customs or Commissioner of Customs may ext end the period of storage for a fur ther period not exceeding thirty days at a time.”. 103.In t he Customs Act, in section 69, in sub-section ( 1), for clause (a), the following clause sha ll be su bstituted, namely:–– “( a) a shipping bill or a bill of export or the form as prescribed under section 84 has been presented in respect of such goods;”. 104.In t he Customs Act, section 82 shall be omitted. 105.In the Customs Act, in section 84, for clause ( a), the following clause shall be substituted, namely:–– “( a) the form and manner in which an entry may be made in respect of goods impor ted or to be exported by post;”. 106.In t he Customs Act , in section 127B, after sub-section ( 4), the following sub-section shall be inserted, namely:–– “( 5) Any person, other than a n applicant referred to in sub-section (1), may also ma ke an application to the Settlement Commission in r espect of a show cause notice is sued to him in a case relating to the applica nt which has been settled or is pending before the Settlement Commission and such notice is p ending before a n adjudicating authority, in such ma nner and subject to such conditions, as may be specified by rules.”. 107.In t he Customs Act , in section 127C, after sub-section ( 5), the following sub-section shall be inserted, namely:— “( 5A) The Settlement Commission may, at any time within three months from the date of passing of the order under sub-section ( 5), amend such order to r ectify a ny error apparent on the face of record, either suo motuor when such er ror is brought to its notice by the jurisdictional Pr incipal Commissioner of Customs or Commissioner of Customs or the applicant: Pr ovided that no a mendment which has the effect of enhancing the liability of the applicant shall be made under this sub-section, unless the Sett lement Commission has given notice of such intention to the a pplicant and the jurisdictional Principal Commissioner of C ustoms or Commissioner of-46- Storage of im- ported goods in warehouse pending clea - ra nce or removal. Amend- ment of section 69. Omission of section 82. Amend- ment of section 84. Amend- ment of section 127B Amend- ment of section 127CEx-576/2017 Customs as the case may be, and has given them a reasonable opportunit y of being heard.”. 108.In the Customs Act, in section 157, in sub-section (2), after clause (aa), the following clause shall be inserted, namely:–– “( ab) the form, the par ticular s, the manner and the time of delivering the passenger and cr ew manifest for arr iva l and departure and passenger name recor d infor ma tion a nd t he pena lty for dela y in delivering s uch information under sections 30A and 41A;”. 109.In the Customs Tariff Act, 1975 (hereinafter referred to as the Customs Tariff Act), in section 9, in sub-section ( 3), f or cla u s e (c), the following cla use shall be substituted, namely:–– “( c) the subsidy has been conferred on a limited number of persons engaged in the manufactur e, production or exp ort of articles;”. 110.In the Customs Tariff Act, the First Schedule shall— ( a) be amended in the manner specified in t he Second Schedule; ( b) be also a mended in the manner specified in t he Thir d Schedule. 111 .In the Customs Tar iff Act , the Second Schedule shall be amended in the manner specified in the Four th Schedule. Excise 112.In t he Cent ral Excise Act , 1944 (her einafter r eferred to a s the Central Excise Act), in section 23A, for clause ( e), the following clause shall be substituted, namely:–– ‘( e) “Authorit y” means the Authorit y for Advance Rulings as defined in clause ( e) of section 28E of the Customs Act, 1962;’. 113.In t he Central Excise Act , section 23B shall be omit ted. 114.In t he Centr al Excise Act, in section 23C, in sub-section ( 3), for the words “two thousand and five hundred rupees”, the words “ten thousand rupees” shall be substituted. 115.In the Central Excise Act, in section 23D, in sub-section ( 6), for the words “ninety days”, the words “six months” sha ll be substituted. 116.In the Central Excise Act, after section 23H, the following section s hall be inserted, namely:— “23-I. On and from the date on which the Finance Bill, 2017 receives the assent of the P resident, every applica tion and proceeding pending before the erstwhile Authority for Adva nce Rulings (Central Excise, Customs and Service Tax) shall stand tr ansferred to the Author ity from the stage at which such applica tion or proceeding stood as on the date of such assent.”.-47- Amend- ment of section 157 51 of 1975Amend- ment of section 9 Amend- ment of First Schedule Amend- ment of Second Schedule 1 of 1944 52 of 1962 Omission of section 23B Amendment of section 23C Amendment of section 23D Insertion of new section 23-I Transitional provision Ex-576/2017 Amend- ment of section 23A. 117.In the Central Excise Act, in section 32E, after sub-section (4), the following sub-section sha ll be inserted, namely:–– “( 5) Any person other than a n assess ee, may also make an applica tion to the Settlement Commission in respect of a show cause notice issued to him in a case relating to the assess ee which has been settled or is pending before the Settlement Commission and such notice is pending before an adjudica ting authority, in such manner and subject to such conditions, as may be prescribed.”. 118.In the Central Excise Act, in section 32F,–– ( i) in sub-section (1), for words, brackets and figure “sub-section (1) of ” sha ll be omitted; ( ii) after sub-section (5), the following sub-section shall be inser ted, namely:– “( 5A) The Settlement Commission may, at any time within three months from the date of passing of the order under sub-section ( 5), amend such order to rectify any err or appa rent on the face of record, either suo motuor when such error is brought to its notice by the jurisdictional Principal Commissioner of Central Excise or Commissioner of C entral Excise or the applicant: Provided that no a mendment which has the effect of enhancing the liability of the applicant shall be made under this sub-section, unless the Settlement Commission has given notice of such intention to the applicant and the jurisdictional Principal Commissioner of Central Excise or Commissioner of Central Excise as the case may be, and has given them a reasonable opportunity of being hear d.’. Central Excise Tariff 119.In t he Central Excise Tar iff Act , 1985 (hereinafter referred to as the Central Excise Tariff Act), the F ir st Schedule sha ll be amended in the manner specified in the Fifth Schedule. 120.In t he Central Excise Tariff Act, in the First S chedule, in Cha pter 87, in column (4), for the entry “27%” occurring against tariff items 8702 90 21, 8702 90 22, 8702 90 28 and 8702 90 29, the entry “12.5%” shall be substituted and shall be deemed to have been substituted retrospectively with effect from the 1st day of January, 2017. CHAPTER V SERVIC E TAX 121.In the Finance Act, 1994 (hereinafter referred to as the 1994 Act), in section 65B, clause ( 40) sha ll be omitted. 122.In the 1994 Act, in section 66D, clause ( f) sha ll be omitted. 123.In the 1994 Act, in section 96A, for clause ( d), the following clause shall be substituted, namely:–– ‘( d) “Authority” means the Authority for Adva nce Rulings as defined in clause (e) of section 28E of the Customs Act, 1962;’.-48- Amend- ment of section 32E Amend- ment of section 32F Amendment of First Schedule. Retrospective amendment of cetain entries in First Schedule. Amendment of section 65B Amendment of section 66D Amendment of section 96A5 of 1986 52 of 1962 Ex-576/2017 32 of 1994. 124.In the 1994 Act, section 96B shall be omit ted. 125.In t he 1994 Act, in section 96C, in sub-section (3), for the words “two thousand a nd five hundred rupees”, the words “ten thousand rupees” shall be substituted. 126.In t he 1 9 9 4 Act , i n s ect i on 9 6 D, in s u b -s ect io n ( 6), for the words “ninety days”, the words “ six months” sha ll be substituted. 127.In the 1994 Act, after section 96H, the following section shall be inserted, namely:— “96HA. On and from the date on which the Finance Bill, 2017 receives the assent of the P resident, every applica tion and proceeding pending before the erstwhile Authority for Adva nce Rulings (Central Excise, Customs and Service Tax) shall stand tr ansferred to the Author ity from the stage at which such applica tion or proceeding stood as on the date of such assent.”. 128.In the 1994 Act, after section 103, the following sections shall be inserted, namely:— “104. ( 1) Notwithstanding anything conta ined in section 66, as it stood prior to the 1st day of July, 2012, or in section 66B, no service tax, leviable on one time upfront amount (premium, salami, cost, price, development charge or by whatever name called) in respect of taxable service provided or agreed to be provided by a State Government industrial development cor poration or undertaking to industrial units by way of grant of long term lease of thirty year s or more of industria l plots, shall be levied or collected during the period commencing from the 1st da y of June, 2007 and ending with the 21st da y of September, 2016 (both days inclusive). ( 2) Refund shall be made of all such service tax which has been collected, but which would not ha ve been so collected, had sub-section ( 1) been in force at all material times. ( 3) Notwithsta nding anything contained in this Chapter, an applica tion for claim of refund of service tax shall be made within a period of six months from the date on which the Finance Bill, 2017 receives the assent of the P resident . 105. ( 1) Notwithstanding anything conta ined in section 66, as it stood prior to the 1st day of July, 2012, or in section 66B, no service tax shall be levied or collected in respect of taxable services provided or agreed to be provided by the Army, Naval and Air Force Group Insurance Funds by way of life insurance to members of the Army, Navy and Air Force, respectively, under the Group Insurance Schemes of the Centr al Government, during the period commencing from the 10th day of September, 2004 and ending with the 1st day of February, 2017 (both days inclusive). ( 2) Refund shall be made of all such service tax which has been collected, but which would not ha ve been so collected, had sub-section ( 1) been in force at all material times. ( 3) Notwithsta nding anything contained in this Chapter, an applica tion-49- Omission of section 96B Amendment of section 96C Amendment of section 96D In sertion of new section 96HA Transitional provision. In sertion of new section 104 and 105 Special provision for exemption in certain cases relating to lon g term lease of industrial plots. Special provi- sion for ex- emption in certa in cases relating to life insurance services pro- vided to members of armed forces of Union. Ex-576/2017 for the claim of refund of service tax shall be made within a period of six months from the date on which the Finance Bill, 2017 receives the assent of the P resident .”. 129.(1) In the Service Tax (Determination of Value) Rules, 2006 made by the Central Government in exercise of the power s conferred by section 94 of the Finance Act, 1994, published in the Gazette of India videnotification of the Government of India in the Ministry of Fina nce (Department of Revenue) number G.S.R. 228( E), dated the 19th April, 2006,— ( a) ru le 2A a s inser ted by the Service Tax (Deter mination of Va lue) (Amendment) Rules, 2007 published videnumber G.S.R. 375(E), dated the 22nd May, 2007; and ( b) rule 2A as substituted by the Service Tax (Determination of Value) Second Amendment Rules, 2012 published videnumber G.S.R. 431(E), dated the 6th June, 2012, shall stand amended and shall be deemed to have been amended in the manner specified in column (3 ) of the Sixth Schedule, on and from and up to the corresponding date specified in column (4), aga inst each of the rule specified in column (2) thereof. ( 2) Notwithstanding anything contained in any judgment, decree or order of a ny cour t, tribunal or other authorit y, any action taken or anything done or purported to have been taken or done at any time during t he period specified in column (4 ) of the Sixth Schedule relating to the provisions a s amended by sub-section ( 1) shall be deemed to be and deemed always to have been, for all purposes, as va lidly a nd effectively taken or done as if the amendment made by sub-section ( 1) ha d been in force at a ll material times. ( 3) For the purposes of sub-section (1), the Centr al Government s hall have and sha ll be deemed to have the power to make rules with r etrospective effect as if the Central Government had the power to make rules under section 94 of the Finance Act, 1994, retrospectively, at all material times. Explanation.––F or the removal of doubts, it is hereby decla red tha t no act or omission on the par t of any person shall be punishable a s an offence which would not have been so punishable had this section not come into for ce. CHAPT ER VI MISCELLANEOUS PART I AMENDMENTS TO THE INDIAN TRUSTS ACT, 1882 130.The provisions of this Part shall come int o force on such date as the Central Government may, by notification in the Official Gazette, appoint. 131.In s ection 20 of the Indian Trusts Act,1882 [as substituted by section 2 of the India n Trusts (Amendment) Act, 2016],–– ( i) for the words “invest the money in a ny of the securities or class of securities expressly authorised by the instrument of tr ust or”, the words “make investments as exp ressly authorised by the instrument of trust or in any of the securities or class of securities” shall be substituted;-50- 32 of 1994Amend- ment of rule 2A of Service Tax (Determi- nation of Value) Rules, 2006, retrospec- tively. 32 of 1994 Commence- ment of this Part. Amendment of section 20 of Act 2 of 1882Ex-576/2017 (ii) in the proviso, the words “in any of the securities or class of securities mentioned above” shall b e omit ted. PART II AMENDMENTS TO THE INDIAN POST OFFICE ACT, 1898 132.The provisions of this Par t shall come into force on the 1st da y of April, 2017. 133. In section 7 of the Indian Post Office Act, 1898,— ( a) in sub-section (1), for the proviso, the following proviso shall be substituted, namely:— “Provided that until such notification is issued, the rates set forth in the First S chedule shall be the r ates chargeable under this Act.”; ( b) sub-section (2) sha ll be omitted. PART III AMENDMENTS TO THE RESERVE BANK OF INDIA ACT, 1934 134.The provisions of this Par t shall come into force on the 1st da y of April, 2017. 135.In the Reserve Bank of India Act , 1934, in section 31, after sub-section ( 2), the following sub-section shall be inserted, namely:— ‘( 3) Notwithsta nding anything contained in this section, the Centr al Government may authorise any scheduled ba nk to issue electoral b ond. Explanation.–– For the purposes of this sub-section, “electroal bond” means a bond issued by any scheduled bank under the scheme as may be notified by the Central Government.’. ‘ PART IV AMENDMENTS TO THE REPRESENTATION OF THE PEOPLE ACT, 1951 136.The provisions of this Pa rt shall come into force on the 1st day of April, 2017. 137.In t he Repr esentation of the People Act, 1951, in section 29C, in sub- section ( 1), the following shall be inserted, namely:–– ‘Provided that nothing contained in this sub-s ection shall a pply to the cont ributions received by way of an electoral bond. Explanation.––F or the purposes of this sub-section, “electoral bond” means a bond referred to in t he Explanationto sub-section (3) of section 31 of the Reser ve Bank of India Act, 1934. PART V AMENDMENT TO THE SECURITES CONTRACTS (REGULATION) ACT, 1956 138.In t he Securities Contracts (Regulation) Act, 1956, in section 23J, the following Explanationshall be inserted, namely:—-51- Commence- ment of this Part. Amendment of section 7of Act 6 of 1898 Commence- ment of this Part. Amendment of section 31of Act 2 of 1934 Commence- ment of this Part. Amendment of section 29C of Act 43 of 1951 2 of 1934 42 of 1956Ex-576/2017 Amendment of section 23J. “Explanation.—For the removal of doubts, it is clarified tha t the power of a n adjudicating officer to adjudge the quantum of penalty under sections 23A to 23C shall be and shall always be deemed to have exercised under the provisions of this section.”. PART VI AMENDMENTS TO THE OIL INDUSTRY (DEVELOPMENT) ACT, 1974 139.The provisions of this Par t shall come into force on the 1st da y of April, 2017. 140.In the Oil Industry (Development) Act, 1974, in section 18, in sub- section ( 2), after clause (d), the following clauses shall be inserted, namely:— “( e) for meeting any expenditure incurred by any Central Public Sector Undertaking in the oil and gas sector, on behalf of the Central Government; ( f) for meeting expenditure on any scheme or activity by the Central Government relating to oil and gas sector.”. PART VII REPEAL OF THE RESEARCH AND DEVELOPMENT CESS ACT, 1986. 141. The provisions of this Pa rt shall come into for ce on the 1st day of April, 2017. 142. The Resea rch and Development Cess Act, 1986 is her eb y repea led. 143. ( 1) The repeal of the Research and Development Cess Act, 1986 by this Act shall not— ( a) a ffect any other enactment in which t he repealed enactment has been applied, incorporated or referred to; ( b) affect the validity, inva lidity, effect or consequences of anything already done or suffered, or any right, title, obliga tion or liability alr eady acqu ired, accrued or incurr ed or any remedy or proceeding in resp ect thereof, or a ny release or discharge of or from a ny debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; ( c) affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or a ppointment, notwithstanding that the same respectively may have been in a ny manner affirmed or recognised or derived by, in or from the enactment hereby repea led; ( d) revive or r estore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, pract ice, pr ocedure or other matter or thing not now existing or in force. ( 2) The mention of particular matter in sub-section (1) shall not be held to prejudice or affect the general a p plication of section 6 of the G ener al Cla uses Act, 1897, with regard to the effect of repeal. 144. Notwithstanding the repeal of the Research and Development Cess Act, 1986, the proceeds of duties levied under the sa id Act immediately pr eceding the date of commencement of this Pa rt,—-52- Commence- ment of this Part. Amendment of section 18 of Act 47of 1974 10 of 1897 Commence- ment of this Part. Repeal of Act 32 of 1986. 32 of 1986 Collection and payment of arrears of duties.Ex-576/2017 Savings (i) if collected by the collecting agencies but not paid into the Reserve Bank of India ; or ( ii) if not collected by the collecting agencies, shall be pa id or, as the case may be, collected and pa id into the Reserve Ba nk of India for being cr edited to the C onsolidated Fund of India. PART VIII AMENDMENTS TO THE SECURIT IES AND EXCHANGE BOARD OF INDIA ACT, 1992 145.The provisions of this P art sha ll come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this P art. 146. In the Securities and Exchange Board of India Act, 1992 (hereafter in this Part referred to as the principal Act), in section 2 , in sub-section ( 1),–– ( A) after clause (d), the following clauses shall be inserted, namely:–– ‘( da) “Insurance Regula tory and Development Authorit y” means the Insurance Regulator y and Development Authority of India established under sub-section ( 1) of section 3 of the Insurance Regulatory and Development Authorit y Act, 1999; ( db) “J udicia l Member” means a Member of the Securities Appella te Tribunal appointed under sub-section ( 1) of section 15MA a nd includes the Presiding Officer;’; ( B) after clause (f), the following clause shall be inserted, namely:–– ‘( fa) “P ension Fund Regulatory and Development Authority” means the Pension Fund Regula tory a nd Development Authority established under subsection ( 1) of section 3 of the Pension Fund Regulatory and Development Authority Act, 2013;’; ( C) after clause (i), the following clause shall be inserted, namely:–– ‘( j) “Technical Member” means a Technical Member appointed under sub-section ( 1) of section 15MB.’. 147. In section 15J of the principal Act, the following Explanationshall be inserted, namely:— “ Explanation.—For the removal of doubts, it is clarified tha t the power of a n adjudicating officer to adjudge the quantum of penalty under sections 15A to 15E, clauses ( b) and (c) of section 15F, 15G, 15H and 15HA shall be and shall a lways be deemed to have been exercised under the pr ovisions of this section.”. 148. In Chapter VIB of the principal Act,–– ( a) in the cha pter heading, for the words “APPELLAT E TRIBUNAL”, the words “SECURITIES APPELLATE TRIBUNAL” shall be substituted; ( b) for section 15K, the following section shall be substituted, namely:– “15K. ( 1) The Centra l Government shall, by notification, establish a Tribunal to be known as the Securities Appellate Tribunal to exercise the jurisdiction, powers and authorit y conferred on it by or under this Act or any other law for the time being in force.-53- Com- mencement of t his Part. Amend- ment of Act 15 of 1992 Amend- ment of section 15J. Amend- ment of Chapter VIB15 of 1992 41 of 1999 23 of 2013 Establish- ment of Securities Appellate TribunalEx-576/2017 (2) T he Centra l Government shall a lso specify in the notification referred to in sub-section ( 1), the matters and places in relation to which the Securities Appellate Tribunal may exer cise jur isdiction.”; ( c) for section 15L, the following section shall be substituted, namely:–– “ 1 5 L . ( 1) The Securities Appellate Tribunal shall consist of a Presiding Officer and such number of Judicial Members and Technical Members as the Centr al Government may determine, by notification, to exercise the powers and discharge the functions conferred on the Securities Appellate Tribunal under this Act or any other law for the time being in for ce. ( 2) Subject to the provisions of this Act,— ( a) the jurisdiction of the Securities Appellate Tribunal may be exercised by Benches thereof; ( b) a Bench may be constituted by the Presiding Officer of the Securities Appellate Tribunal with two or more Judicial or Technical Members as he may deem fit: Provided that ever y Bench constituted shall include a t least one Judicial Member a nd one Technical Member; ( c) the Benches of the Securities Appellate Tribunal shall ordinarily sit at Mumbai and may also sit at such other places as the Central Government may, in consult ation with the Presiding Officer, n ot i f y. ( 3) Notwithsta nding anything contained in sub-section (2), the P r es iding Officer ma y t r a ns fer a J udicia l M emb er or a Technica l M emb er of t he Securities Appella te Tribunal fr om one Bench to another Bench.”; ( d) for section 15M, the following sections shall be substituted, namely:– “15M. A person shall not be qualified for appointment as the Presiding Officer or a Judicial Member or a Technical Member of the Securities Appellate Tribunal, unless he— ( a) is, or ha s been, a Judge of the Supreme Court or a Chief Justice of a High C ourt or a Judge of High Court for at least seven year s, in the case of the Pr esiding Officer; and ( b) is, or ha s been, a Judge of High Court for at least five years, in the case of a Judicial Member; or ( c) in the ca se of a Technical Member–– ( i) is, or has been, a Secretary or an Additional Secretar y in the Ministr y or Department of the Centra l Government or any equivalent post in the Central Government or a State Government; or ( ii) is a person of proven ability, integrity and standing having special knowledge and professional exp erience, of not less than fift een yea rs, in financial sector inclu ding securities market or pension funds or commodity deriva tives or insura nce. 1 5 M A. T he P r es iding Officer a nd J u dicia l M emb er s of t he S ecu r i t ies Appellate Tribunal shall be appointed by the Central Government in cons ultation with the Chief Justice of India or his nominee.-54- Composi- tion of Securities Appellate Tribunal Qualificatio n for appoint- ment as Presiding Officer, Judicial Member and Technical Member. Amendment of Presiding Officer and Judicial Members Ex-576/2017 15MB. (1) The Technical Members of the Securities Appellate Tribunal shall be appoint ed by the Central Government on the recommenda tion of a Search-cum-Selection Committee consisting of the following, namely:–– ( a) Presiding Officer, Securities Appellate Tribunal—Chairperson; ( b) Secretary, Department of Economic Affairs—Member; ( c) Secretary, Department of Financial Services—Member; and ( d) Secretary, Legislative Department or Secretary, Depart ment of Lega l Affair s—Member. ( 2) The Secretary, Department of Economic Affairs shall be the Convener of the Sear ch-cum-Selection Commit tee. ( 3) The Search-cum-Selection Committee sha ll determine its procedure for recommending the names of persons to be appointed under sub-section ( 1). 1 5 M C . ( 1) No appointment of the Presiding Officer, a Judicial Member or a Technical Member of the Secur ities Appellate Tribunal shall be inva lid mer ely by r eason of any vacancy or any defect in the constitution of t he Sear chcum-Selection Commit tee. ( 2) A member or part time member of the Boa rd or the Insur ance Regulatory a nd Development Authority or the Pension Fund Regula tory and Development Authority, or any person at senior management level equivalent to the Executive Director in the Boa rd or in such Authorit ies, shall not be appointed as Presiding Officer or Member of the Securities Appellate Tribunal, during his service or tenure as such with the Board or with such Authorities, as the case may be, or within two years from the date on which he ceases to hold office as such in the Board or in such Authorit ies. ( 3) The Presiding Officer or such other memb er of the Securities Appellate Tribunal, holding office on the date of commencement of Part VIII of Cha pter VI of the Finance Act, 2017 sha ll continue to hold office for such term as he was a ppointed and the other provisions of this Act shall apply to such Presiding Officer or such other member, as if Part VIII of Chapter VI of the Finance Act, 2017 had not been enacted.”; ( e) for section 15N, the following section shall be substituted, namely:– “15N. The Presiding Officer or every Judicial or Technical Member of t he Securities Appellate Tribunal shall hold office for a term of five year s from the date on which he enters upon his office, and shall be eligible for reappointment for another term of maximum five years: Provided that no Presiding Officer or the Judicial or Technical Member shall hold office a fter he has attained the age of seventy year s.”; ( f) after section 15P, the following section shall be inserted, namely:— “15PA. In the event of occurrence of any vacancy in the office of the Presiding Officer of the Securities Appellate Tribunal b y reason of his death, resigna tion or otherwise, the senior-most Judicia l Member of the Securities Appellate Tribunal shall act as the Presiding Officer until the date on which a new Presiding Officer is appointed in accordance with the provisions of this Act.”; ( g) in section 15Q, for sub-section (2), the following sub-section shall be substituted, namely:—-55- Search-cum- Selection Committee for appointmen t of Techn ical Members. Vacancy not to invalidate selection pr o - ceeding. Tenure of office of Presiding Officer, Judicial or Technical Members of Securities Ap- pellate Tribunal Members to act as Presiding Officer in certain circumstancesEx-576/2017 “(2) The Central Government may, after an inquiry made by the Judge of the Supreme Court, remove the Pr esiding Officer or Judicial Member or Technical Member of the Securit ies App ellate Tribuna l, if he— ( a) is, or at any time has been adjudged as a n insolvent; ( b) ha s become physically or mentally inca pable of acting as the Presiding Officer, Judicial or Technical Member; ( c) ha s been convicted of any offence which, in the opinion of the Central Government, involves moral turpit ude; ( d) ha s, in the opinion of the Centra l Government, s o abused his position as to render his continuation in office detrimental to the public int erest; or ( e) has acquir ed such financial inter est or other interest a s is likely to a ffect prejudicially his funct ions as the Pr esiding Officer or Judicial or Technical Member: Provided that he shall not be removed from office under cla uses ( d) and (e), unless he has been given a reasonable opportunit y of being heard in the matter.”; ( h) In section 15T,— ( I) in sub-section (1),–– ( A) in clause (b), for the words “under this Act,”, the words “under this Act; or” shall be substituted; ( B) after clause (b) and befor e the long line, the following cla u se sha ll be inserted, na mely:–– “( c) by an order of the Insurance Regulatory and Development Author ity or the Pension F und Regulatory and Development Authorit y,”; ( II) in sub-section (3), after the wor ds “a djudicating officer”, the words “or the Insur ance Regulatory and Development Authority or the Pension Fund Regula tory and Development Authority” shall be inserted; ( III) in sub-section (5), a fter the words “the Board”, the words “or the Ins urance R egulator y and Development Author ity or the Pension Fund Regulatory and Development Authority, as the case may be” shall be insert ed; ( i) in section 15U, after sub-section (3), the following sub-sections shall be inserted, na mely:–– “( 4) Where Benches are constituted, the Pr esiding Officer of the Securities Appellate Tribunal may, from time to time make pr ovisions as to the distribution of the business of the Securities Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with, by each Bench. ( 5) On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Pr esiding Officer of t he Securities Appella te Tribunal ma y transfer any case pending before one Bench, for disposal, to any other Bench.-56- Ex-576/2017 (6) If a Bench of the Securities Appellate Tribuna l consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a refer ence to the Pr esiding Officer of the Securities Appellate Tribunal who shall either hear the point or points himself or refer the case for hearing only on such point or points by one or more of t he other members of the Securities Appellate Tribunal and such point or point s shall be decided according to the opinion of the majority of the members of the Securities Appellate Tribunal who have hear d the ca se, including those who first heard it.”. PART IX AMENDMENT TO THE DEPOSITORIES ACT, 1996 149.In t he Depositories Act, 1996, in section 19-I, the following Explanation shall be inserted, namely:— “ Explanation.—For the removal of doubts, it is clarified tha t the power of a n adjudicating officer to adjudge the quantum of penalty under sections 19A to 19F shall be and shall alwa ys be deemed to have been exercised under the provisions of this section.”. PART X AMENDMENT TO THE FINANCE ACT, 2005 150.In the Fina nce Act , 2005, the Seventh Schedule shall be amended in the manner specified in the Seventh Schedule. PART XI AMENDMENTS TO THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 151. The provisions of this Part shall come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this P art. 152. In the Pa yment and Settlement Systems Act, 2007 (hereafter in this Part referr ed to a s the principa l Act), for Cha pter II, the following Chapter shall be substituted, namely:— ‘CHAPTER II DESIGNATED AUTHORITY 3. ( 1) The Reserve Bank shall be the designated authority for the regulation a nd supervision of payment systems under this Act. ( 2) The Reserve Bank shall exercise the powers, perform the funct ions and discharge the duties conferred on it under this Act through a Board to be known as the “Payments Regulatory Boa rd”. ( 3) T he Board shall consist of the following members, namely:–– ( a) the Gover nor of the Reserve Bank—Cha irperson,ex officio; ( b) the Deputy Governor of the Reserve Bank in-charge of the Payment and Settlement Systems—Member, ex officio; -57- 22 of 1996 Amend- ment of section 19-1. Amend- ment of Act 18 of 2005. Com- mencement of t his Part. Amend- ment of Act 51 of 2007 Designated authorityEx-576/2017 51 of 2007. (c) one officer of t he Reserve Bank to be nomina ted by the Central Boa r d of the Reser ve Bank—Member, ex officio; a nd ( d) thr ee persons to be nominated by the Cent ra l Government — Members. ( 4) The powers and functions of the Board referred to in sub-section ( 2), the time and venue of its meetings, the procedures to be followed in such meetings (including the quorum at such meetings) a nd other matters incidental thereto shall be such as may be pr escribed.’. 153. In section 38 of the principal Act, in sub-section ( 2), in clause (a), for the words,brackets and figure “Committee constituted under sub-section ( 2)”, the words, brackets and figur e “Boa r d r eferred to in sub -section ( 2)” shall be substituted. PART XII AMENDMENT TO THE COMPANIES ACT, 2013 154.In the Companies Act, 2013, in s ection 182— ( i) in sub-section (1),— ( a) fir st proviso shall be omit ted; ( b) in the second proviso, — ( A) the word “further” shall be omit ted; ( B) the words “and the acceptance” shall be omit ted; ( ii) for sub-section (3), the following shall be substituted, namely:— “(3) Every company shall disclose in its profit and loss account the total amount contr ibuted by it under this section during the financia l year to which the account relates. (3A) Notwithstanding anything contained in sub-section ( 1), the contribution under this section shall not be made except by an account payee cheque drawn on a bank or an a ccount payee bank draft or use of electronic clearing system through a bank account: Provided tha t a company may make contribution through any instrument, issued pursuant to any scheme notified under a ny law for the time being in force, for contribution to the politica l parties.”. PART XIII AMENDMENT TO THE FINANCE ACT, 2016 155.In the Finance Act, 2016,–– ( i) in section 50, for the words, figures and letters “with effect from the 1st day of April, 2017”, the wor ds, figures and letters “and shall be deemed to have been substituted with effect from the 1st day of April, 2013” shall be substituted; ( ii) in section 197, clause (c) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of June, 2016.-58- Amend- ment of section 38. 18 of 2013 Amend- ment of section 182. Amend- ment of Act 28 of 2016.Ex-576/2017 ‘PART XIV AMENDMENTS TO CERTAIN ACTS TO PROVIDE FOR MERGER OF TRIBUNALS AND OTHER AUTHORITIES AND CONDITIONS OF SERVICE OF CHAIRPERSONS, MEMBERS, ETC.A.— PRELIMINARY 156.The provisions of this Part shall come int o force on such date as the Central Government may, by notification in t he Official Gazette, appoint, and different dates may be appointed for different pr ovisions of this Part and any refer ence in any provision to the commencement of this Part shall be construed as a reference to the coming into force of that provision. 157.In t his Part , unles s the context other wis e requir es,— ( a) “a ppointed day”, in relation to any provision of this Part, means such date as the Centr al Government may, by not ification in the Official Gazette, appoint; ( b) “Authority” means the Authority, other than Tribunals and Appellate Tribunals, specified in the Eighth Schedule or Ninth Schedule, as the case may be; ( c) “notification” means a notification published in the Official Ga zette; ( d) “Schedule” means the Eighth Schedule and Ninth Schedule appended to this Act. B.—AMENDMENT S TO THE INDUST RIAL DISPUTES ACT,1947AND THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT,1952. 158.In the Industrial Disputes Act, 1947,— ( a) in section 7A, after sub-section (1), the following sub-section shall be inserted, namely:— “( 1A) The Industrial Tribunal constituted by the Central Government under sub-section ( 1) shall a lso exercise, on and from the commencement of P art XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tr ibunal referred to in section 7D of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.”; ( b) after section 7C, the following section shall be inserted, namely:— “7D. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation and removal and other terms and conditions of service of the Presiding Officer of t he Industrial Tribunal appoint ed by the Centr al Government u nder sub-section ( 1) of section 7A, shall, aft er the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be governed by the provisions of section 184 of that Act: Provided that the Presiding Officer appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.-59- Com- mencement of t his Part. Defini- tions. Amendment of Act 14 of 1947. 19 of 1952. Qualifica- tion, terms and condi- tions of ser- vice of Pre- siding Of- ficer. Ex-576/2017 159.In t he Employees’ Provident Funds and Miscellaneous Provisions Act, 1952,— (a) in section 2, for clause (m), the following clause shall be substituted, namely:— ‘( m) “Tribunal” means the Industrial Tribuna l refer red to in section 7 D;’; ( b) for section 7D, the following section shall be substituted, namely:— “7D. The Industrial Tribunal constituted by the Central Government under sub-section ( 1) of section 7A of the Industrial Disputes Act, 1947 shall, on and from the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.”; ( c) sections 7E, 7F, 7G ,7H, 7M and 7N shall be omit ted; ( d) for section 18A, the following section shall be substituted, namely:— “18A. The authorities referred to in section 7A and every inspector shall be deemed to be a public servant within the meaning of section 21 of t he Indian Penal Code.”; ( e) in section 21, in sub-section (2), clause (a) sha ll be omitted. C.—AMENDMENTS TO THE COPYRIGHT ACT,1957AND THE TRADE MAR KS ACT,1999. 160.In the Copy Right Act, 1957,— ( a) for the words “Copyright Board”, wherever they occur, the words “Appellate Board” shall be substituted; ( b) in section 2, after clause (a), the following clause shall be inser ted, namely:— ‘( aa) “Appellate Board” means the Appellate Board referred to in section 11'; ( c) for section 11, the following section shall be substituted, namely:— “11. The Appellate Board establis hed under section 83 of the Trade Marks Act, 1999 sha ll, on and from the commencement of Part XIV of Chapter VI of the F inance Act, 2017, be t he Appellate Board for the pur poses of this Act and the said Appellate Board sha ll exercise the jurisdiction, powers and a uthorit y confer red on it by or under this Act.”; ( d) in section 12, sub-sections (3) and (4) sha ll be omitted; ( e) in section 78, in sub-section (2), clause (a) shall be omitted.”. 161.In the Trade Marks Act, 1999,— ( a) for the word “Chairman” or “Vice-Chair man”, wherever it occurs, the word “Chairperson” or “Vice-C hairperson” shall be substituted; ( b) in section 83, a fter the words “under this Act”, the words and figures “and under the Copyright Act, 1957" shall be inserted; ( c) after section 89, the following section shall be inserted, namely:— “89A. Notwithstanding anything in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms a nd condit ions of s ervice of t he C ha ir person, Vice--60- Amend- ment of Act 19 of 1952. Tribunal. Au th or it ies and inspec- tor to be public ser- vant. Amend- ment of Act 14 of 1957. 47 of 1999. 47 of 1957. Appellate Board. Amend- ment of Act 47 of 1999. Qu alifica- tions, terms and conditions of serviceEx-576/2017 45 of 1860. Chairperson and other Members of the Appellate Board appointed a fter the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairperson, Vice-Chairperson and other Members appointed before the commencement of Part XIV of Chapter VI of the Fina nce Act, 2017, shall continue to be governed by the p rovisions of this Act, a nd the rules made thereunder as if the provisions of section 184 of the F inance Act, 2017, had not come into for ce.”D.—AMENDMENTS TO THE RAILWAY CLAIMS TRIBUNAL ACT,1987 AND THE RAILWAYS AC T,1989. 162.In the Railway Claims Tribunal Act, 1987,— ( a) in section 3, after the words “under this Act ”, the words, letters and figures “and under Chapter VII of the Railways Act,1989” shall be inserted; ( b) after section 9, the following section shall be substituted, namely:— “9A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairman, Vice-Chairman and other Members of the Tribunal appointed aft er the commencement of P art XIV of Chapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided that the Chairma n, Vice-Chair man and Members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Fina nce Act, 2017, had not come into force.”; ( c) in section 13, after sub-section (IA), the following sub-section shall be inserted, namely:— “( 1B) The Claims Tribunal shall also exercise, on and from the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the Railways Act,1989.”; ( d) in section 15, for the words, brackets, figures and letter “sub-sections ( 1) and (1A)”, the words, brackets, figures and letters “sub-sections (1), (1A) and ( 1B)” shall be substituted; ( e) in section 24, in sub-section (1), for the words, brackets, figure and letter “or, as the case may be, the date of commencement of the provisions of sub-section ( 1A)”, at both the pla ces wher e they occur, t he words, brackets, figures and letters “or the date of commencement of the provisions of sub- section ( 1A), or, as the case may be, the date of commencement of the provisions of sub-section ( 1B)” shall be substituted. 163.In the Railways Act, 1989,— ( a) in s ect ion 2 , for cla u s e (40), the following clause shall be substituted, namely:— ‘( 40) “Tribunal” means the Tribunal referred to in section 33;’; ( b) in Chapter VII, for the heading, the following heading shall be substituted, namely:—-61- of Chairper- son, Vice- Chairper- son and Member Amend- ment of Act 54 of 1987. Qu alifica- tions, terms and conditions of service of Chairman, Vice- Chairman and Member. 24 of 1989. 24 of 1989. 24 of 1989.Amend- ment of Act 24 of 1989. Ex-576/2017 “TRIBUNAL”; (c) for section 33, the following section shall be substituted, namely:— “33. The Railway Claims Tribunal establis hed under section 3 of the Railway Claims Tribunal Act, 1987 shall, on and from the commencement of P art XIV of Cha pter VI of the Finance Act, 2017, be the Tribunal for the pur poses of this Act and the sa id Tr ibuna l sha ll exercise t he jurisdiction, authority and powers conferred on it by or under this Act.”; ( d) sections 34 and 35 shall be omit ted; ( e) in section 48, in sub-section (2), clause (a) sha ll be omitted. E.—AMENDMENTS TO T HE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT,1976AND THE FOREIGN EXCHANGE MANAGEMENT ACT,1999. 164.In t he Smugglers a nd Foreign Exchange Ma nipulators (Forfeitur e of Property) Act, 1976,— ( a) in section 12, in sub-section (1), a f t er cla u s e (c), the following clause shall be inserted, namely:— “( d) by the Adjudicating Authorities, Competent Authorit ies and the Qualifications, Special Dir ector (Appeals) under the Foreign Exchange Management Act, 1999.”; ( b) after section 12, the following section shall be inserted, namely:— “12A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and t he other terms and conditions of service of the Chairperson and other members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairperson and other members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of s ection 184 of the Finance Act, 2017 had not come into force.”. 165.In t he Foreign Exchange Management Act, 1999,— ( a) in section 2,— ( i) fo r cla u s e (b), the following clause sha ll be su bstituted, namely:— ‘( b) “Appellate Tribunal” means the Appellate Tribunal referred to in section 18;’; ( ii) in clause (zc), for the word and figur es “section 18 ”, the word and figures “section 17” shall be substituted; ( b) for section 18, the following section shall be substituted, namely:— “18. The Appellate Tribunal constituted under sub-section ( 1) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers a nd authority conferred on it by or-62- Tribunal. 54 of 1987. Amend- ment of Act 13 of 1976. 42 of 1999. Qu alifica- tions, terms and conditions of service of Chairper- son, and Member. Amend- ment of Act 42 of 1999. Appellate Tribunal. 13 of 1976. Ex-576/2017 under this Act.”; (c) section 20 shall be omitted; ( d) for section 21, the following section shall be substituted, namely:— “21. A person shall not be qualified for appointment a s a Special Dir ector (Appeals) unless he— ( a) ha s been a member of the Indian Legal S ervice and has held a post in Grade I of that Service; or ( b) ha s been a member of the India n Revenue Service and has held a post equivalent to a Joint Secretar y to the Government of India.”; ( e) section 22 shall be omitted; ( f) for section 23, the following section shall be substituted, namely:— “23. The salary and allowances payable to and the other terms and conditions of service of the Special Director (Appeals) shall be such as may be prescribed.”; ( g) sections 24, 25 and 26 shall be omit ted; ( h) for section 27 , the following section shall be substituted, namely:— “27. ( 1) The Centr al Government shall provide the office of the Special Director (Appeals) with such officers and employees as it may deem fit. ( 2) The officers and employees of the office of the Special Director (Ap peals) shall discharge their functions under the general superintendence of the Sp ecia l Dir ector (Appea ls). ( 3) The salaries and allowances and other terms and condit ions of s erviceof the officers a nd employees of the office of the Special Director (Appeals) shallbe such as may be prescribed.”; ( i) sections 29, 30 and 31 shall be omit ted; ( j) in section 32,— ( i) for t he wor d s a nd b r a cket s “ Ap p ella t e Tr ib u na l or t he S p ecia l Director (Appeals), as the case may be”, at both the places where they occur, the words and brackets “Special Director (Appeals)” shall be substituted; ( ii) in sub-section (1 ), for the wor ds and brackets “Appellate Tribunal or the Special Director (Appeals)”, the words a nd brackets “Special Director (Appeals)” shall be substituted; ( k) for section 33, the following section shall be substituted, namely:— “33. The Adjudicating Authority, Competent Authority and the Special Dir ector (Appeals) and other officers a nd employees of the Special Director (Appeals) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.”; ( l) in section 46, in sub-section (2),— ( i) in clause (e), for the words and brackets “Cha irperson and other Members of the Appellate Tribunal and the Special Director (Appeals)”, the words and brackets “Special Director (Appeals)” shall be substituted; ( ii) in claus e (f), for the words a nd brackets “ Appella te Tribunal and the office of the S pecia l Dir ector (Appeals)”, the words a nd-63- Qu alifica- tions, for appoint- ment of Special Director (Appeals) Terms and conditions of service of Special Director (Appeals). Staff of Special Director (Appeals). 45 of 1860.Officers and employees, etc., to be public servant. Ex-576/2017 brackets “office of the Special Director (Appeals)” shall be substituted.F.—AMENDMENTS TO THE AIRPORTS AUTHORITY OF INDIA ACT,1994 AND THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) AC T,2002. 166.In the Airports Authority of India Act, 1994,— ( a) in section 28-I, in sub-section (1), a fter the words “ under this Act”, the words, brackets and figures “and the Control of National Highways (Land and Traffic) Act, 2002" shall be inserted; ( b) after section 28J, the following section shall be inserted, namely:— “28JA. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the other terms and conditions of service of the Chairperson of the Tribunal appointed a fter the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided that the C hairperson appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the rules made thereunder as if the provisions of s ection 184 of t he Fina nce Act , 2017 had not come into force.”. 167.In the Control of National Highwa ys (Land and Traffic) Act, 2002,— ( a) in section 2, for clause (1), the following clause shall be substituted, namely:— ‘( 1) “Tribunal” means the Airport Appellate Tribunal referred to in sub section ( 1) of section 5;’; ( b) in Chapter II, for the heading, the following heading shall be substituted, namely:— “HIGHWAYS ADMINISTRATION AND TRIBUNALS, ETC.”; ( c) in section 5,— ( i) for sub-section (1), the following sub-section sha ll be substituted, namely:— “( 1) The Airport Appellate Tribunal established under section 28-I of the Airports Author ity of India Act, 1994 shall, on and from the commencement of Part XIV of Cha pter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, powers and author ity conferred on it by or under this Act.”; ( ii) in sub-section (2), for the words, brackets and figure “shall also specify, in the notification referred to in sub-s ection ( 1)”, the wor ds “shall specify, by notification in the Official Gazette”, shall be substituted; ( d) sections 6, 7, 8 , 9, 10 , 11, 12 and 13 sha ll be omit ted; ( e) for section 44, the following section shall be substituted, namely:— “44. The officer or officers constituting the Highways Administr ation and any other officer authorised by such Administration under this Act,-64- 13 of 2003.Amend- ment of Act 55 of 1994. Qu alifica- tions, terms and conditions of service of Chairper- son. Amend- ment of Act 13 of 2003. 55 of 1994. Officers of HighwaysEx-576/2017 shall be deemed, when act ing or purporting to act in pursuance of any of the provisions of this Act, to be public serva nts within the meaning of section 21 of the Indian Penal Code.”; (f) in section 45, for the words “ the Presiding O fficer of the Tribuna l or any other officer of the Central G overnment or an officer or employee of the Tribunal”, the words “any other officer of the Central Government” shall be substituted; ( g) in section 50, in sub-section (2), clauses (b), (c), (d) and (e) shall be omitted. G.—AMENDMENTS TO THE TELECOM REGULATORY AUTHORITY OF INDIA ACT,1997,THE INFORMATION TECHNOLOGY ACT,2000AND THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA ACT, 2008. 168.In the Telecom Regulatory Authority of India Act,1997,— ( a) in section 14, after clause (b), the following clause shall be inserted, namely:— “( c) exercise jurisdiction, powers a nd authority conferred on— ( i) the Appellate Tr ibunal under the Information Technology Act, 2000; and ( ii) the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 2008.”; ( b) after section 14G, the following section shall be substituted, namely:— “14GA. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and t he other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal appointed after the commencement of Part XIV of C hapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Pr ovided tha t the Chair person and Member appointed before t he commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. 169.In the Information Technology Act, 2000,— ( a) for the words “Cyber Appellate Tribunal”, wherever they occur, the words “Appellate Tribunal” shall be substituted; ( b) in section 2, in su b-section (1),— ( i)afterclause (d), the following clause shall be inserted, namely :- ‘( da) “Appellate Tribuna l” means the Appellate Tribuna l referred to in sub-section ( 1) of section 48;’; ( ii) clause (n) sha ll be omitted; ( c) in section 48,— ( i) for the ma rginal heading, the following marginal heading shall be substituted, namely:— Adminis- tration to be pu blic servan t 21 of 2000. Amend- ment of Act 24 of 1997. 27 of 2008. Qu alifica- tions, terms and conditions of service of Chairper- son and Member. Amend- ment of Act 21 of 2000. -65-Ex-576/2017 45 of 1860. “APPELLATE TRIBUNAL”; (ii) for sub-section (1), the following sub-section sha ll be substituted, namely:— “( 1) T he Telec om Disp utes Settlement and Appella te Trib una l esta blished under section 14 of the Telecom Regulatory Authorit y of India Act, 1997 shall, on and fr om the commencement of Part XIV of C ha pter VI of the Fina nc e Act, 2 017, be the App ellate Tr ibuna l for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferr ed on it by or under this Act. ”. ( iii) in sub-section (2), for the words, brackets and figure “shall also specify, in the notification referred io in sub-section ( 1)”, the words “shall specify, by notifica tion” shall be substituted; ( d) sections 49, 50, 51, 52, 52A, 52B, 52C, 53, 54 and 56, shall be omitted; ( e) for section 82, the following section shall be substituted, namely:— “82.The Controller, the Deputy Controller and the Assistant Controllers shall be deemed to be public servants within the meaning of section 21 of t he Indian Penal Code.”; ( f) in section 84, for the words “the Chairperson, Members, adjudicating officers and the staff of the Cyber Appellate Tribunal”, the words “and adjudicating officers” shall be substituted; ( g) in section 87, in sub-section (2), clauses (r), (s) and (t) shall be omitted. 170.In the Airports Economic Regulatory Authority of India Act, 2008,— ( a) in the long title, the words “ and also to establish Appella te Tribunal to adjudica te disputes and dispose of a ppeals” shall be omitted; ( b) in section 2, for claus e (d), the following clause shall be substituted, namely:— ‘( d) “Appellate Tr ibunal” mea ns the Telecom Disputes Settlement and Appellate Tribunal referred to in section 17;’; ( c) in section 17,— ( i) for the ma rginal heading, the following marginal heading shall be substituted, namely:— “APPELLATE TRIBUNAL” ( ii) for the por tion beginning wit h the wor ds “ The C entr al Government” and ending with words “Appellate Tr ibunal”, the words and figures “The Telecom D isputes Settlement and Appella te Trib una l established under section 14 of the Telecom Regulatory Authority of India Act, 1997 sha ll, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tr ibunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act” shall be substituted; ( d) sections 19, 20, 21, 22, 23, 24, 25, 26 and 27 shall be omitted; ( e) in section 51, in sub-section (2), clauses (i), (j) a nd (k) shall be omitted. -66- 24 of 1997. 45 of 1860.Controller, Deputy Controller and Assistant Controller to be public servants. Amend- ment of Act 27 of 2008. 24 of 1997. Ex-576/2017 H.—AMENDMENT S TO THE COMPET ITION ACT,2002AND THE COMPANIES AC T,2013. 171.In t he Competition Act, 2002,— ( a) in s ect ion 2 , for cla u s e (ba), the following clause shall be substituted, namely:— ‘( ba) “Appella te Tribunal” means the Nationa l C ompa ny Law Appellate Tribunal referred to in sub-section ( 1) of section 53A;’; ( b) in Chapter VIIIA, for the heading, the following heading shall be substituted, namely:— “APPELLATE TRIBUNAL”; ( c) for section 53A, the following section shall be substituted, namely:— “53A. The Na tional Company Law Appellate Tribunal constit uted under section 410 of the C ompanies Act, 2013 sha ll, on a nd from the commencement of Par t XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall— ( a) hear and dispose of appeals against any direction issued or decision ma de or or der passed by the Commission under sub-sections ( 2) and (6) of section 26, section 27, section 28, section 31, section 32, section 33, section 38, section 39, section 43, section 43A, section 44, section 45 or section 46 of this Act; and ( b) adjudicate on claim for compensation t hat may arise from the findings of the Commission or the orders of the Appellate Tribunal in a n appeal against any finding of the Commission or under section 42A or under sub-section ( 2) of section 53Q of this Act, and pass orders for the recovery of compensation under section 53N of this Act.”; ( d) sections 53C, 53D, 53E, 53F, 53G, 53H, 53-I, 53J, 53K, 53L, 53M and 53R shall be omit ted; ( e) in section 63, in sub-section (2), clauses (mb), (mc) and ( md) sha ll be omitted. 172.In t he Companies Act, 2013,— ( a) in section 410, for the words “for hearing appeals against the or ders of the Tribunal”, the following shall be substituted, namely:— “for hearing appeals against,— ( a) the order of the Tribunal under this Act; and ( b) any direction, decision or order referred to in section 53 N of the Competit ion Act , 2002 in accor dance with the provisions of that Act.”; ( b) after section 417, the following section shall be inserted, namely: “417A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal appointed-67- Amend- ment of Act 12 of 2003. 18 of 2013. Amend- ment of Act 18 of 2013. 12 of 2013. Qu alifica- tions, terms and conditions of service of Ex-576/2017 Appelate Tribunal. after the commencement of Part XIV of C hapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided tha t the Chairperson and Member a ppointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.I.—AMENDMENT TO THE CINEMATOGRAPH ACT,1952 173. In the Cinematogr aph Act , 1952, after section 5D, the following section shall be inserted, namely:— “5E. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the ot her terms and condit ions of service of the Cha irman and other members of the Appellate Tribunal appointed a fter the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chair man and member appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be gover ned by the provisions of this Act and the rules made thereunder as if t he provisions of section 184 of the Finance Act, 2017 had not come into for ce.”. J.—AMENDMENTS TO THE INCOME- TAX ACT,1961 174.In the Income Tax Act, 1962,— ( a) aftersection 245-O, the following section shall be inserted, namely:— “245-OA. Notwithstanding a nything conta ined in t his Act, the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and t he other terms and conditions of service of the Chairman, Vice- Chairman and other Members of the Authority appointed after the commencement of Part XIV of C hapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided tha t the Chairman, Vice-Chairman and Member appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the rules made thereunder as if the provisions of section 184 of the Fina nce Act , 2017 had not come into force.”; ( b) after section 25 2, the following section shall be inserted, namely:— “252A. Notwithstanding a nything contained in this Act , the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and t he other terms and conditions of service of the President, Vice-President a nd other Members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the Fina nce Act , 2017, shall be governed by the provisions of section 184 of that Act: Provided that the President, Vice-President a nd Member appointed before the commencement of Part XIV of Chapter VI of the Finance-68- Amendment of Act 37 of 1952.Chairper- son and Member. Qu alifica- tions, terms and conditions of service of Chairman and Member. Amendment of Act 43 of 1961. Qu alifica- tions, terms and conditions of service of Chairman, Vice Chairman and Member. Qu alifica- tions, terms and conditions of service of President, Vice President and Member.Ex-576/2017 Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Fina nce Act , 2017 had not come into force.”;K.—AMENDMENT TO T HE CUSTOMS ACT,1962 175.In the Customs Act, 1962, in section 129, after sub-section (6), the following sub-section sha ll be inserted, namely:— “( 7) Notwithsta nding a nything contained in this Act, the qua lifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the other terms and conditions of service of the President, Vice-President or other Members of the Appellate Tribunal appointed after the commencement of P art XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the President. Vice-President and Member appointed before the commencement of Part XIV of Cha pter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into for ce.”. L.—AMENDMENT TO THE ADMINISTRATIVE TRIBUNALS ACT,1985 176.In the Administrative Tribunals Act, 1985, after section 10A, the following section sha ll be inserted, namely:— “10B. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the ot her terms and condit ions of service of the Cha irman and other Members of the Tribunal a ppointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairman and Member appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall cont inue to be governed by the pr ovisions of this Act, and the rules made thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. M—AMENDMENT TO THE CONSUMER PROTECTION ACT,1986 177.In the Consumer Protection Act, 1986, aftersection 22D, the following section sha ll be inserted, namely:— “22E. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal a nd t he other terms a nd conditions of ser vice of the P resident and ot her members of the National Commission appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Pr ovided t hat the President and member appoint ed befor e the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall cont inue to be governed by the pr ovisions of this Act, and the rules made-69- Amend- ment of Act 52 of 1962. Amendment of Act 13 of 1985. Qu alifica- tions, terms and condi- tions of service of Chairman, and Member. Amendment of Act 68 of 1986. Qu alif icat ions, terms and con ditions of service of President and Member.Ex-576/2017 thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.N.—AMENDMENT TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT,1992 178.In t he Securities and Exchange Board of India Act, 1992, after section 15Q, the following section shall be inserted, namely:— “15QA. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the ot her terms and conditions of service of the Presiding Officer and other Members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided tha t the P residing Officer and Member a ppointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be gover ned by the provisions of this Act and the rules made thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. O.—AMENDMENTS TO THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT,1993 179.In the Recovery of Debts due to Banks and Financia l Institutions Act, 1993,— ( a) after section 6, the following section shall be inserted, namely:— “6A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Pr esiding Officer of the Tribunal appointed after the commencement of Part XIV of Cha pter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Presiding Officer appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”; ( b) after section 15, the following section shall be inserted, namely:— “15A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the terms and conditions of service of the Chairperson of the Appellate Tribunal appointed after the commencement of P art XIV of Chapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided that the Chairperson appointed befor e the commencement of P art XIV of Cha pter VI of the Finance Act, 2017, shall continue to be governed by the pr ovisions of this Act, and the rules made thereunder as if t he provisions of section 184 of the Finance Act, 2017 had not come into force.”.-70- Amendment of Act 15 of 1992. Qu alifica- tions, terms and conditions of service of Presiding Officer and Member. Qu alifica- tions, terms and conditions of service of Chairperson . Amendment of Act 51 of 1993. Qu alifica- tions, terms and conditions of service of Presiding Officer. Ex-576/2017 P.—AMENDMENT TO THE ELECTRICITY ACT,2003 180.In the Electricity Act, 2003, after section 47, the following section s hall be inserted, namely:— “117A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal a ppointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairperson a nd Member appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall cont inue to be governed by the pr ovisions of this Act, and the rules made thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. Q.—AMENDMENT TO THE ARMED FORCES TRIBUNAL ACT,2007 181.In the Armed Force Tribunal Act, 2007, aft er section 9, the following section sha ll be inserted, namely: — “9A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and terms and conditions of service of the Chairperson a nd other Members of the Appellate Tribuna l appointed after the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided tha t the Cha irperson a nd Member appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall cont inue to be governed by the pr ovisions of this Act, and the rules made thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. R.—AMENDMENT TO THE NATIONAL GREEN TRIBUNAL ACT,2010 182.In the Nationa l Green Tribunal Act, 2010, after section 10, the following section sha ll be inserted, namely:— “10A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and other terms and conditions of service of the Chairperson, Judicial Member and Expert Member of the Tr ibunal a ppointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairperson, J udicial Member and Expert Member appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. S.—CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNALS, APPELLATE TRIBUNALS AND OTHER AUTHORITIES 183.Notwithstanding anything to the contrar y conta ined in the pr ovisions of the Acts specified in column (3) of the Eighth Schedule, on and from the appointed-71- Amendment of Act 36 of 2003. Qu alifica- tions, terms and condi- tions of service of Chairperson and Member. Amendment of Act 55 of 2007. Qu alifica- tions, terms and conditions of service of Chairperson and Member. Amendment of Act 19 of 2010. Qu alifica- tions, terms and conditions of service of Chairper- son, Judicial Member and Expert Member. Application of section 184Ex-576/2017 da y, provisions of section 184 sha ll apply to the Cha irperson, Vice-Chairperson, Chairman, Vice- Chairman, President, Vice-President, P residing Officer or Member of the Tribunal, Appellate Tribunal or, as the case may be, other Authorities as specified in column (2) of the said Schedule: Provided that the provisions of section 184 shall not apply to the Chairperson, Vice- Chair person, Chairma n, Vice-Chairman, President, Vice-Pr esident, Presiding Officer or, as the case may be, Member holding such office as such immediately befor e the appointed day. 184.(1) The Centra l Government ma y, by notifica tion, ma ke rules to provide for qualifications, appointment, term of office, salar ies and allowa nces, r esignation, removal and the other terms and condit ions of service of the Cha irperson, Vice- Chairperson, Chairman, Vice-Chairman, President, Vice-Pr esident, Presiding Officer or Member of the Tribunal, Appellate Tribunal or, as the case may be, other Authorities as specified in column (2) of the Eighth Schedule: Provided that the Cha irperson, Vice-C hairperson, Chairman, Vice-Chair man, Pres ident, Vice-President, Presiding Officer or Member of the Tr ibuna l, Appella te Tribunal or other Authority shall hold office for such term as specified in the r ules ma de by the C entra l Government but not exceeding five year s from the date on which he enters upon his office and shall be eligible for reappointment: Provided further that no Cha irperson, Vice-Chair person, Chairma n, Vice- Chairman, Pr esident, Vice-President, Presiding Officer or Member shall hold office as such after he has attained such age as specified in the rules made by the Central Government which shall not exceed,— ( a) in the ca se of Chairperson, Chairman or President, the age of seventy years; ( b) in the ca se of Vice-Cha irperson, Vice-Chairma n, Vice-President, Presiding Officer or any ot her Member, the age of sixty-seven years: ( 2) Neither the salar y and a llowances nor the other terms and conditions of service of Chairperson, Vice-Chairperson, Chairman, Vice-Chairman, President, Vice- President, Presiding Officer or Member of the Tribuna l, Appellate Tribunal or, as the case may be, other Author ity may be var ied to his disadvanta ge after his a ppointment. T.—MISCELLANEOUS 185.(1) Any person appointed as the Chairperson or Cha irman, P resident or Vice- Chair person or Vice-Chairma n, Vice-President or P residing Officer or Member of the Tribunals, Appellate Tribunals, or as the case may be, other Authorities specified in column (2) of the Ninth Schedule and holding office as such immediately before the appoint ed day, shall on and from the appointed da y, cease to hold such office and such Chairperson or Chairman, President, Vice-Chairperson or Vice-Chairman, Vice- President or Presiding officer or Member shall be entitled to cla im compensation not exceeding t hree months’ pa y and a llowances for the premature termination of term of t heir office or of any contract of service. ( 2) The officers and other employees of the Tribunals, Appellate Tribunals and other Authorities specified in column (2) of the Ninth Schedule appointed on depu tation, before the appointed day, sha ll, on and from the a ppointed day, stand reverted to their pa rent cadre, Ministry or Department. ( 3) Every officer or other employee of the Tribunal, Appellate Tribunal and other Author ities specified in column (2) of the Ninth Schedule employed on regular basis, by such Tribunal, Appella te Tribunal or other Authorities shall become, on and-72- Qu alifica- tions, appoint- ment, term and conditions of service, salary and allowances, etc. of Chairper- son, Vice- Chairper- son and Members, etc. of the Tribunal, Appellate Tribunal and other Auth ori- ties. Transi- tional provisions. Ex-576/2017 from the appointed day, the officer and other employee, of the corresponding Tribunal, Appellate Tr ibunal or other Author ities specified in colu mn (3) of the said Schedule with same r ights and privileges a s to pension, gratuity and other like benefits as would have been a dmissible to him if he had continued to serve the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the said Schedule until his employment is duly termina ted or until his remuneration, terms and conditions of employment are duly altered by such corresponding Tribunal, Appellate Tribuna l or other Author ities, as the case may be, specified in column (3) of the Ninth Schedule or until the expir y of a period of one year fr om the appoint ed day if such officer or other employee opts not to continue to be the officer or other employee of such Tribunal, Appellate Tribuna l or other Aut horitieswithin such period. (4) Any appeal, application or proceeding pending before the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule, before the appointed day, shall stand transferred to the corresponding Tribunal, Appellate Tribunal or other Authorities specified in column (3) of the said Schedule and the said Tribunal, Appellate Tribunal or other Authority s hall, on and from the appointed day, deal with de novoor from the stage at which such appeal, application or proceeding stood before the date of their transfer and shall dispose them in accordance with the provisions of t he Act specified in column (2) of the said Schedule. ( 5) The balance of all monies received by, or advanced to the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule and not spent by it before the appointed day, sha ll, on and from the appointed day, stand transferred to an vest in the Central Government which shall b e utilised for the purposes stated in sub-section ( 7). ( 6) All property of whatever kind owned by, or vested in, the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule before the appointed day, shall stand transferred to, on and from the appointed day, and shall vest in the Central Government. ( 7) All liabilities a nd obligations of whatever kind incurr ed by t he Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule and subsisting immediately befor e the a ppointed day, shall, on and from the appointed day, be deemed to be the liabilities or obligations, as the case may be, of the corresponding Tribunal, Appellate Tribunal or other Authorities specified in column (3) of the Ninth Schedule; and any proceeding or cause of action, pending or existing immediately before the appointed day by or against the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule in relation to such liability or obligation may, on and from the appointed day, be continued or enforced by or a gainst the cor responding Tribunal, Appellate Tribunal or other Authority specified in column (3) of the Ninth Schedule. 186.Without prejudice to any other p ower t o make rules contained elsewhere in this Part, the C entral Government may, by notification, make rules generally to carr y out the provisions of this P art. 187.( 1) If the Central Government is satisfied that it is necessary or expedient so to do, it may by notification published in the Officia l Gazette, amend the Eighth Schedule and thereup on the said Schedule shall be deemed to have been amended accordingly. ( 2) A copy of every notification issued under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is issued.-73- General Power to make rules. Power to amend Eighth Schedule.Ex-576/2017 188.Every rule made under this Part shall be laid, as soon as may be after it is made, before ea ch House of Par liament, while it is in sess ion, for a tota l period of thir ty days which may be comprised in one sess ion or in two or more successive sess ions, a nd if, before t he expiry of t he session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, tha t any such modification or annulment shall be without prejudice to the validity of anything previously done under that r ule. 189.(1) If any difficulty arises in giving effect to the provisions of this P art, the Central Government, ma y by general or specia l order publis hed in t he Official Gazette, make such provisions not inconsistent with the provisions of this Par t as appear to it to be necessary or expedient for removing the difficulty. ( 2) No order under sub-section (1) shall be made a fter the expir y of t hr ee year s from the appointed day. ( 3) Every order made under this section sha ll, as soon as may be after it is made, be laid before each Houses of Parliament.’.-74- Rules to be laid before Parliament. Removal of difficulties.Ex-576/2017 THE FIRST SCHEDULE (Seesection 2) PART I INCOME-TAX Paragraph A (I) In the ca se of every individual other than the individual referred to in items (II) and (III) of this Para graph or Hindu undivided family or association of persons or body of individuals, whether incorpor ated or not, or every ar tificia l juridical person referred to in sub-clause ( vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which any other Paragraph of this Pa rt applies,— Rates of income-tax (1) where the total income does not exceed Rs. 2,50,000Nil; (2) where the total income exceeds Rs. 2,50,000 but does 10 per cent. of the amount by which the not exceed Rs. 5,00,000total income exceeds Rs. 2,50,000; ( 3) where the total income exceeds Rs. 5,00,000 but doesRs. 25,000plus20 per cent. of the a mount not exceed Rs. 10,00,000by which the total income exceeds Rs. 5,00,000; ( 4) where the total income ex ceeds R s. 10,00 ,000Rs. 1,25,000plus30 per cent. of the a mount by which the total income exceeds Rs. 10,00,000. ( II) In the ca se of every individual, being a resident in India, who is of the age of sixty years or more but less than eighty year s at any time during t he previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 3,00,000Nil; (2) where the total income exceeds Rs. 3,00,000 but does10 per cent. of the amount by which the not exceed Rs. 5,00,000total income exceeds Rs. 3,00,000; ( 3) where the total income exceeds Rs. 5,00,000 but doesRs. 20,000plus20 per cent. of the a mount not exceed Rs. 10,00,000by which the total income exceeds Rs. 5,00,000; ( 4) where the total income ex ceeds R s. 10,00 ,000Rs. 1,20,000plus30 per cent. of the a mount by which the total income exceeds Rs.10,00,000. ( III) In the case of every individual, being a resident in India, who is of the age of eighty year s or more at any time during t he previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 5,00,000Nil; (2) where the total income exceeds Rs. 5,00, 000 but does 20 per cent. of the amount by which the total not exceed Rs. 10,00,000 income exceeds Rs. 5,00,000; ( 3) where the total income ex ceeds R s. 10,00 ,000Rs. 1,00,000plus30 per cent. of the amount by which the total income exceeds Rs. 10,00,000. -75-Ex-576/2017 Surcharge on income-tax The amount of income-tax computed in accor dance with the preceding provisions of this P ara- graph, or the provisions of section 111A or section 112 of the Income-ta x Act, shall, in the case of every individual or Hindu undivided fa mily or association of persons or body of individu als, whether incorpor ated or not, or every ar tificia l juridical person referred to in sub-clause ( vii) of clause (31) of section 2 of the Income-tax Act, ha ving a total income exceeding one cr ore rupees, be increased by a surcha rge for the purpose of the Union calculated at the rate of fifteen per cent. of such income-tax: Provided that in t he case of persons mentioned above having total income exceeding one crore rupees, the total amount p ayable as income-tax and surcharge on such income shall not exceed the total amount paya ble as income-tax on a total income of one crore rupees by more than the amount of income tha t exceeds one cr or e r up ees. Paragraph B In the case of every co-operative society,— Rates of income-tax (1) where the total income does not exceed Rs.10,00010 per cent. of the total income; ( 2) where the total income exceeds Rs.10,000 but doesRs.1,000plus20 per cent. of the amount by not exceed Rs. 20,000which the total income exceeds Rs.10, 000; ( 3) where the total income exceeds Rs. 20 ,000Rs. 3,000plus30 per cent. of the amount by which the total income exceeds Rs. 20,000. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act , shall, in the case of every co- operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated a t the ra te of twelve per cent. of such income-tax: Provided that in the case of every co-operative society mentioned above having total income exceeding one crore rupees, the tota l amount payable as income-ta x and surcharge on su ch income shall not exceed the total a mount pa yable as income-tax on a tota l income of one crore rupees by more than the amount of income tha t exceeds one cr or e rup ees. Paragraph C In the case of every firm,— Rate of income-tax On t he whole of the total income 30 per cent. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every firm, having a total income exceeding one cror e rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of twelve per cent. of such income-tax: Provided that in the case of ever y firm mentioned above having total income exceeding one crore rupees, the total amount p ayable as income-tax and surcharge on such income shall not exceed the total amount paya ble as income-tax on a total income of one crore rupees by more than the amount of income tha t exceeds one cr or e r up ees.-76- Ex-576/2017 Paragraph D In the case of ever y local authority,— Rate of income-tax On t he whole of the total income30 per cent. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every local authority, having a total income exceeding one cr ore rupees, be increased by a surcharge for the purposes of t he Union calculated at the rate of twelve per cent. of such income-tax: Provided that in the case of ever y local authority mentioned above having total income exceeding one crore rupees, the tota l amount payable as income-ta x and surcharge on su ch income shall not exceed the total a mount pa yable as income-tax on a tota l income of one crore rupees by more than the amount of income tha t exceeds one cr or e rup ees. Paragraph E In the case of a company,— Rates of income-tax I. In the ca se of a domest ic compa ny,— (i) where its tota l turnover or t he gross receipt in the previous 29 per cent. of the total Income yea r 2014-15 does not exceed five cror e rup ees; (ii) other than that referred to in item (i)30 per cent. of the total Income II. In the case of a compa ny other than a domest ic compa ny,— ( i) on so much of the total income as consists of,— ( a) royalties received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern a fter the 31st day of Ma rch, 1961 but before the 1st day of April, 1976; or ( b) fees for r endering technical services r eceived from Government or an Indian concern in pursua nce of an agreement made by it with the Government or the Indian concern after the 29th day of February, 1964 but before the 1st day of April, 1976, and where such agr eement has, in either case, been approved by the Cent-50 per cent.; ral Government ( ii) on the balance, if any, of the total income40 per cent.; Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, be increased by a surcharge for the pur poses of the Union calculated,— ( i) in the ca se of every domestic company,–– ( a) ha ving a total income exceeding one crore rupees but not exceeding ten cr ore rupees, at the rate of seven per cent. of such income-tax; and-77-Ex-576/2017 (b) having a total income exceeding ten crore rupees, at the rate of twelve per cent. of such income-tax; ( ii) in the ca se of every company other than a domestic company,–– ( a) ha ving a total income exceeding one crore rupees but not exceeding ten cr ore rupees, at the rate of two per cent. of such income-tax; and ( b) ha ving a total income exceeding ten crore rupees, at the rate of five per cent. of such income- tax: Provided that in the case of ever y compa ny having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the tota l amount payable as income-ta x on a total income of one crore rupees by more than the amount of income tha t exceeds one crore rupees: Provided fu rther tha t in the case of every company having a total income exceeding ten cr ore rupees, the total amount p ayable as income-tax and surcharge on such income shall not exceed the total amount pa yable a s income-t ax a nd surchar ge on a total income of ten crore rupees by more than the amount of income tha t exceeds ten crore rupees. PART II RATES FOR DEDUCTION OF TAX AT SOURCE IN CERTAIN CASES In every case in which under the provisions of sections 193, 194, 194A, 194B, 194BB, 194D , 194LBA, 194LBB, 194LBC and 195 of the Income-tax Act, tax is to be deducted at the rates in force, deduction shall be made fr om the income subject to the deduction at the following rates:–– Rate of income-tax 1.In t he case of a person other than a company— ( a) where the person is resident in India— ( i)on income by way of interest other than “Interest on securit ies” ( ii) on income by way of winnings from lotteries, crossword puzzles, car d games and other games of any sort ( iii) on income by way of winnings from horse races ( iv) on income by way of insurance commission ( v) on income by way of interest payable on— ( A) any debentures or securities for money issued by or on beha lf of any local a uthority or a cor pora tion esta blished by a Cent ra l, State or Provincial Act; ( B) any debentures issued by a company where such debentures are lis ted on a recognised stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder; ( C) any secur ity of the Central or State Government; ( vi) on any other income ( b) where the person is not resident in India— ( i) in the case of a non-resident Indian— ( A) on any investment income ( B) on income by way of long-term capital gains referred to in section 115E or sub-clause ( iii) of clause (c) of sub-section (1) of section 112 ( C) on income by way of short-term ca pital ga ins referred-78- 10 per cent.; 30 per cent.; 30 per cent.; 5 per cent.; 10 per cent.; 10 per cent.; 20 per cent.; 10 per cent.; 15 per cent.; Ex-576/2017 to in section 111A (D) on other income by way of long-term capital gains [not being long-t erm capital gains refer red to in clauses ( 33), (36) a nd ( 38) of section 10] ( E) on income by way of interest paya ble by Government or an Indian concern on moneys borr owed or debt incurred b y Government or the Indian concern in foreign currency (not b eing income by way of interest referred to in section 194LB or section 194LC) ( F) on income by way of royalty payable by Government or an Indian concern in pursua nce of a n agreement made by it with the Government or the India n concern where such royalty is in consideration for the transfer of all or any rights (including the gr anting of a licence) in resp ect of cop yright in any book on a subject referred to in the first proviso to sub-section ( 1A) of section 115A of the Income-tax Act , to the Indian concern, or in respect of any computer software referred to in t he second proviso to sub- section ( 1A) of section 115A of the Income-tax Act, to a person resident in India ( G) on income by way of royalt y [not being royalty of the nature referred to in sub-item ( b)(i)(F)] payable by Government or an Indian concern in pursua nce of a n agreement made by it with the Government or the India n concern and where such agreement is with an Indian concern, the agr eement is appr oved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of t he Government of India, the agreement is in accordance with that policy ( H) on income by way of fees for technical services payable by Government or a n India n concern in pursuance of a n agreement made by it with the Government or the Indian concern and where such agreement is with a n Indian concer n, the a gr eement is appr oved by the Central Gover nment or where it rela tes to a ma tter included in the industria l policy, for the time being in force, of the Government of India, the agreement is in accor da nce with that policy ( I) on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort ( J) on income by way of winnings from horse races ( K) on the whole of the other income ( ii) in the case of any other person— ( A) on income by way of interest paya ble by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not b eing income by way of interest referred to in section 194LB or section 194LC) ( B) on income by way of roya lty payable by Government or a n India n concern in pursuance of an agreement made by it with the Government or the India n concern where such royalty is in consideration for the transfer of all or any rights (including the-79- 20 per cent.; 20 per cent.; 10 per cent.; 10 per cent.; 10 per cent.; 30 per cent.; 30 per cent.; 30 per cent.; 20 per cent.; 10 per cent.;Ex-576/2017 gr anting of a licence) in resp ect of cop yright in any book on a subject referred to in the first proviso to sub-section (1A) of section 115A of the Income-tax Act , to the Indian concern, or in respect of any computer software referred to in t he second proviso to sub- section ( 1A) of section 115A of the Income-tax Act, to a person resident in India ( C) on income by way of royalt y [not being royalty of the nature referred to in sub-item ( b)(ii)(B)] payable by Government or a n India n concern in pursuance of an agreement made by it with the Government or the India n concern and where such agreement is with an Indian concern, the agr eement is appr oved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of t he Government of India, the agreement is in accordance with that policy ( D) on income by way of fees for technical services payable by Government or a n India n concern in pursuance of a n agreement made by it with the Government or the Indian concern and where such agreement is with a n Indian concer n, the a gr eement is appr oved by the Central Gover nment or where it rela tes to a ma tter included in the industria l policy, for the time being in force, of the Government of India, the agreement is in accor da nce with that policy ( E) on income by way of winnings from lotteries, crossword puzzles, car d games and other games of any sort ( F) on income by way of winnings from horse r aces ( G) on income by way of short-term ca pital ga ins referred to in section 111A ( H) on income by way of long-term capital gains referred to in sub-clause ( iii) of clause (c) of sub-section (1) of section 112 ( I) on income by way of other long-term capital gains [not being long-t erm capital gains refer red to in clauses ( 33), (36) a nd ( 38) of section 10] ( J) on the whole of the other income 2. In the case of a company— ( a) where the company is a domest ic company— ( i) on income by way of interest other than “Interest on securities” ( ii) on income by way of winnings from lotteries, crossword puzzles, car d games and other games of any sort ( iii) on income by way of winnings from horse races ( iv) on any other income ( b) where the company is not a domestic company— ( i) on income by way of winnings from lotteries, crossword puzzles, car d games and other games of any sort ( ii) on income by way of winnings from horse r aces ( iii) on income by way of interest paya ble by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not b eing income by way of interest referred to in section 194LB or section10 per cent.; 10 per cent.; -80- 30 per cent.; 30 per cent.; 15 per cent.; 10 per cent.; 20 per cent.; 30 per cent.; 10 per cent.; 30 per cent.; 30 per cent.; 10 per cent.; 30 per cent.; 30 per cent.; 20 per cent.; Ex-576/2017 194LC) (iv) on income by way of royalty payable by Government or an Indian concern in pursua nce of a n agreement made by it with the Government or the Indian concern aft er the 31st da y of Ma rch, 1976 where such royalty is in consider ation for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the fir st proviso to sub- section ( 1A) of section 115A of the Income-tax Act, to the Indian concern, or in resp ect of any computer s oftware referred to in the second proviso to sub-section ( 1A) of section 115A of the Income- tax Act, to a person resident in India ( v) on income by way of royalt y [not being royalty of the nature referred to in sub-item ( b)(iv)] payable by Government or an Indian concern in pursua nce of a n agreement made by it with the Government or the India n concern and where such agreement is with an Indian concern, the agr eement is appr oved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of t he Government of India, the agreement is in accordance with that policy— ( A) where the agr eement is made a fter the 31st day of March, 1961 but before the 1st day of April, 1976 ( B) where the agr eement is made after the 31st da y of March, 1976 ( vi) on income by way of fees for t echnical services payable by Government or a n India n concern in pursuance of a n agreement made by it with the Government or the Indian concern and where such agreement is with a n Indian concer n, the a gr eement is appr oved by the Central Gover nment or where it rela tes to a ma tter included in the industria l policy, for the time being in force, of the Government of India, the agreement is in accor da nce with that policy— ( A) where the agreement is made after the 29th day of February, 1964 but before the 1st day of April, 1976 ( B) where the agr eement is made after the 31st da y of March, 1976 ( vii) on income by way of short-term ca pital gains referred to in section 111A ( viii) on income by way of long-term capital gains referred to in sub-clause ( iii) of clause (c) of sub-section (1) of section 112 ( ix) on income by way of other long-term capital gains [not being long-t erm capital gains refer red to in clauses ( 33), (36) a nd ( 38) of section 10] ( x) on any ot her income Explanation.— For the purposes of item 1(b)(i) of this Pa rt, “investment income” and “non-resident Indian” sha ll have the mea nings a ssigned to them in Cha pter XII-A of the Income-tax Act. Surcharge on income-tax The amount of income-tax deducted in accordance with the provisions of–– ( i) item 1 of this Part, shall be increased by a surcharge, for the purposes of the Union,––-81- 10 per cent.; 50 per cent.; 10 per cent.; 50 per cent.; 10 per cent.; 15 per cent.; 10 per cent.; 20 per cent.; 40 per cent.;Ex-576/2017 (a) in the case of every individual or Hindu undivided family or association of persons or b ody of individuals, whether incorpora ted or not, or every a rtificial juridical pers on referred to in su b-cla us e ( vii) of clause (31) of section 2 of the Income-tax Act, being a non-resident, ca lculated,–– I. at the rate of ten per cent. of such tax, where the income or the aggregate of s uch incomes paid or likely to be paid and subject to the deduction exceeds fifty la kh rupees but does not exceed one cr ore rupees; II. at the rate of fifteen per cent. of such ta x, where the income or the aggregate of s uch incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees; and ( b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of twelve per cent., where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one cr ore rupees; ( ii) Item 2 of this Pa rt shall be increased by a sur charge, for the purposes of t he Union, in the case of every company other than a domest ic company, ca lculated,–– ( a) at the rate of two per cent. of such income-tax where the income or the aggregate of s uch incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed t en cror e rupees; and ( b) at the rate of five per cent. of such income-tax where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds ten crore rupees. PART III RATES FOR CHARGING INCOME-TAX IN CERTAIN CASES, DEDUCTING INCOME-TAX FROM INCOME CHARGEABLE UNDER THE HEAD “SALARIES” AND COMPUTING “ADVANCE TAX” In cases in which income-tax has to be charged under sub-section ( 4) of section 172 of the Income- tax Act or sub-section ( 2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the said Act or deducted fr om, or paid on, from income chargeable under the head “Sala ries” under section 192 of the s aid Act or in which the “adva nce tax” payable under Chapter XVII-C of the said Act has to be computed at the rate or ra tes in force, such income-tax or, as the case may be, “adva nce tax” [not being “advance ta x” in r espect of any income chargeable to tax under Chapter XII or Chapter XII-A or income chargeable to tax under section 115JB or section 115JC or Chapter XII-FA or Cha pter XII-FB or sub- section ( 1A) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act at the rates as specified in that Chapter or section or surchar ge, wher ever applicable, on su ch “advance tax” in resp ect of any income chargeable to tax under section 115A or section 115AB or section 115AC or section 115ACA or section 115AD or section 115B or section 115BA or section 115BB or section 115BBA or section 115BBC or section 115BBD or section 115BBDA or section 115BBE or section 115BBF or section 115BBG or section 115E or section 115JB or section 115JC] shall be cha rged, deducted or computed at the following rate or rates:— Paragraph A (I) In the ca se of every individual other than the individual referred to in items (II) and (III) of this Para graph or Hindu undivided family or association of persons or body of individuals, whether incorpor ated or not, or every ar tificia l juridical person referred to in sub-clause ( vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which any other Paragraph of this Pa rt applies,—-82- Ex-576/2017 Rates of income-tax (1) where the total income does not exceed Rs. 2,50,000Nil; ( 2) where the total income exceeds Rs. 2,50,000 but does5 per cent. of the amount by which the not exceed Rs. 5,00,000total income exceeds Rs 2,50,000; ( 3) where the total income exceeds Rs. 5,00,000 but doesRs. 12,500plus20 per cent. of the a mount not exceed Rs. 10,00,000which the total income exceeds Rs. 5,00,000; ( 4) where the total income ex ceeds R s. 10,00 ,000Rs. 1,12,500plus30 per cent. of the amount by which the total income exceeds Rs. 10,00,000. ( II) In the case of every individual, being a resident in India, who is of the age of sixty year s or more but less than eighty years at any time during t he previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 3,00,000Nil; ( 2) where the total income exceeds Rs. 3,00,000 but does5 per cent. of the amount by which the not exceed Rs. 5,00,000total income exceeds Rs. 3,00,000; ( 3) where the total income exceeds Rs. 5,00,000 but doesRs. 10,000plus20 per cent. of the not exceed Rs. 10,00,000amount by which the total income exceeds Rs. 5,00,000; ( 4) where the total income ex ceeds R s. 10,00 ,000Rs. 1,10,000plus30 per cent. of the amount by which the total income exceeds Rs. 10,00,000. ( III) In the case of every individual, being a resident in India, who is of the age of eighty year s or more at any time during t he previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 5,00,000Nil; (2) where the total income exceeds Rs. 5,00,000 but does20 per cent. of the amount by which the not exceed Rs. 10,00,000the total income exceeds Rs. 5,00,000; ( 3) where the total income ex ceeds R s. 10,00 ,000Rs. 1,00,000plus30 per cent. of the the amount by which the t otal income exceeds Rs. 10,00,000. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall be increased by a surcharge for the purposes of the Union, calculated, in the case of every individual or Hindu undivided family or association of p ersons or body of individuals, whether incorporated or not, or ever y artificial ju ridical person referred to in sub-clause ( vii) of clause (31) of section 2 of the Income-tax Act,— ( a) ha ving a total income exceeding fifty lakh rupees but not exceeding one cror e rupees, at the rate of ten per cent. of such income-tax; and ( b) ha ving a total income exceeding one crore rupees, a t the r ate of fifteen per cent. of such income-tax: Provided tha t in the case of persons mentioned above having total income exceeding,— ( a) fifty lakh rupees but not exceeding one crore r upees, the tota l amount payable as income- tax and sur charge on such income shall not exceed the total amount payable as income-tax on a total income of fifty la kh rupees by more tha n the amount of income that exceeds fifty lakh rupees; ( b) one crore rupees, the total amount payable as income-tax and surcharge on such income-83-Ex-576/2017 shall not exceed the total amount payable as income-ta x and surcharge on a total income of one cror e rupees by more than the amount of income tha t exceeds one crore rupees.Paragraph B In the case of every co-operative society,— Rates of income-tax (1) wher e the t otal income does not exceed Rs. 10 ,00010 per cent. of the total income; ( 2) wher e the t otal income exceeds R s. 10,0 00 but doesRs. 1,000plus20 per cent. of the a mount not exceed Rs. 20,000by which the total income exceeds Rs. 10,000; ( 3) where the total income exceeds Rs. 20,000Rs. 3,000plus30 per cent. of the a mount by which the total income exceeds Rs. 20,000. Surcharge on income-tax The amount of income-tax computed in accor dance with the preceding provisions of this P ara- graph, or the provisions of section 111A or section 112 of the Income-tax Act , shall, in the case of every co- operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated a t the ra te of twelve per cent. of such income-tax: Provided that in the case of ever y co-operative society mentioned above having total income ex- ceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one cror e rupees by more than the amount of income tha t exceeds one crore rupees. Paragraph C In the case of every firm,— Rate of income-tax On t he whole of the total income30 per cent. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every firm, having a total income exceeding one cror e rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of twelve per cent. of such income-tax: Provided that in the case of ever y firm mentioned above having total income exceeding one crore rupees, the total amount p ayable as income-tax and surcharge on such income shall not exceed the total amount paya ble as income-tax on a total income of one crore rupees by more than the amount of income tha t exceeds one cr or e r up ees. Paragraph D In the case of ever y local authority,— Rate of income-tax On t he whole of the total income30 per cent.; Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every local authority, having a total income exceeding one cr ore rupees, be increased by a surcharge for the purposes-84- Ex-576/2017 of t he Union calculated at the rate of twelve per cent. of such income-tax: Provided that in the case of ever y local authority mentioned above having total income exceeding one crore rupees, the tota l amount payable as income-ta x and surcharge on su ch income shall not exceed the total amount pa yable a s incometax on a tota l income of one crore rupees by more than the amount of income tha t exceeds one cr or e rup ees.Paragraph E In the case of a company,— Rates of income-tax I. In the ca se of a domest ic compa ny,— ( i) where its total turnover or the gross receipt in the 25 per cent. of the total inc ome; previous year 2015-16 does not exceed fifty crore rupees; ( ii) other than that referred to in item (i) 30 per cent. of the total inc ome; II. In the case of a compa ny other than a domest ic company— ( i) on so much of the total income as consists of,— ( a) royalties received from Gover nment or an Indian concern in pursuance of an agreement made by it with the Government or t he India n concern after the 31st day of March, 1961 but before the 1st da y of April, 1976; or ( b) fees for r endering technical services receiv- ed from Government or an Indian concern in pursuance of a n agreement made by it with the Gover nment or the Indian concern after the 29th day of February, 1964 but before the 1st day of April, 1976, and where such agreement has, in either case, been appr oved by the 50 per cent.; Centr al Government ( ii) on the balance, if any, of the total income 40 per cent.; Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, be increased by a surcharge for the purposes of the Union, calculated,–– ( i) in the ca se of every domestic company,–– ( a) ha ving a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of seven per cent. of such income-tax; and ( b) ha ving a total income exceeding ten cr ore rupees, at the rate of twelve per cent. of such income-tax; ( ii) in the ca se of every company other than a domestic company,–– ( a) ha ving a total income exceeding one crore rupees but not exceeding ten crore r upees, at the rate of two per cent. of such income-tax; and ( b) ha ving a total income exceeding ten crore rupees, a t the r ate of five per cent. of such income-tax: Provided that in the case of ever y compa ny having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the tota l amount payable as income-ta x on a total income of one crore rupees by more than the amount of income tha t exceeds one crore rupees:-85-Ex-576/2017 Provided fu rther tha t in the case of every company having a total income exceeding ten cr ore rupees, the totala mount pa yable as income-tax a nd surcharge on such income shall not exceed the total amount pa yable a s income-t ax a nd surchar ge on a total income of ten crore rupees by more than the amount of income tha t exceeds ten crore rupees. PART IV[Seesection 2 (13)(c)] RULES FOR COMPUTATION OF NET AGRICULTURAL INCOME Rule1.—Agricultural income of the nature referred to in sub-clause (a) of clause (1A) of section 2 of the Income-tax Act shall be computed as if it were income chargeable to income-tax under that Act under the head “Income fr om other sources” and the provisions of sections 57 to 59 of that Act shall, so far as may be, apply a ccordingly: Provided that sub-section ( 2) of section 58 sha ll apply subject to the modification that the refer ence to s ection 40A therein sha ll be construed as not including a reference to sub-sections ( 3), (3A) and (4) of section 4 0A. Rule2.—Agricultural income of the nature referred to in sub-clause (b) or sub-clause (c) of clause ( 1A) of section 2 of the Income-tax Act [other than income derived from any building required as a dwelling- house by the receiver of the rent or revenue of the cultivator or the receiver of rent-in-kind referr ed to in the said sub-clause ( c)] shall be computed as if it were income chargeable to income-tax under tha t Act under the head “P rofits a nd gains of business or profession” and the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40A [other than sub-sections ( 3), (3A) and (4) thereof], 41, 43, 43A, 43B and 43C of the Income-tax Act shall, so far as may be, apply accordingly. Rule3.—Agricultural income of the nature referred to in sub-clause (c) of clause (1A) of section 2 of the Income-tax Act, being income der ived from a ny building required as a dwelling-hou se by the receiver of the rent or revenue or the cultivator or the receiver of r ent-in-kind referred to in the said sub- clause ( c) shall be computed as if it were income chargea ble to income-tax under that Act under the head “Income from house property” and the provisions of sections 23 to 27 of that Act shall, so fa r as may be, apply accordingly. Rule4.—Notwithstanding anything conta ined in any other provisions of these rules, in a case— ( a) where the assess ee derives income from sale of tea grown a nd manufactured by him in India, such income shall be computed in a ccordance with rule 8 of the Income-ta x Rules, 1962, and sixty per cent. of s uch income sha ll be regarded a s the agricultu ral income of t he asses see; ( b) wher e the a ss es see der ives income f rom sale of cent rifu ged lat ex or cenex or la t ex b as ed crep es (such as pale la tex crepe) or brown crep es (such as est ate brown crep e, re-milled cr epe, smoked blanket crepe or flat bark crepe) or technically specified block rubbers manufactured or processed by him from rubber plants grown by him in India, such income shall be computed in accordance with rule 7A of the Income-tax Rules, 1962, a nd sixty-five per cent. of such income shall be regarded as the agricultur al income of the assess ee; ( c) where the assessee derives income from sale of coffee gr own and manufactur ed by him in India, such income shall b e computed in a ccordance with rule 7B of the Income-tax Rules, 1962, and sixty per cent. or seventy-five per cent., as the case may be, of such income shall be regarded as the agricultural income of the as sess ee. Rule5.—Where the assessee is a member of an associa tion of persons or a body of individuals (other than a Hindu undivided family, a company or a firm) which in the previous year has either no income chargeable to tax under the Income-tax Act or has total income not exceeding the maximum amount not char geable to tax in the case of an association of persons or a body of individuals (other t han a Hindu undivided family, a compa ny or a firm) but has any agr icultur al income then, the agricultural income or loss of t he association or body shall be computed in accordance with these r ules and the share of the assessee-86- Ex-576/2017 in the agricultural income or loss so computed shall be r egarded a s the agr icultural income or loss of the asses s ee.Rule6.—Where the result of the computation for the p revious year in respect of any source of agricultura l income is a loss, such loss shall be set off against the income of the assessee, if any, for that previous year from any other sour ce of a gricultural income: Provided tha t where the assessee is a member of a n association of persons or a body of individuals and the sha re of the assessee in the agr icultur al income of the association or body, as the case may be, is a loss, such loss sha ll not be set off aga inst any income of the assess ee from any other sour ce of a gricult ural income. Rule7.—Any sum payable by the assessee on account of any tax levied by the State Government on the agricultural income shall be deducted in computing the agricultural income. Rule8.—(1) Wher e the a ssessee ha s, in the previous yea r relevant to the a ssessment yea r commencing on the 1 st day of April, 2017, any agr icultura l income and the net r esult of the computation of the agricultural income of the assessee for any one or more of the previous years r elevant to the assess ment year s commencing on the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of Apr il, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2 0 1 5 or t he 1 s t da y of Ap r il, 2 0 1 6 , is a los s , t hen, for t he p u r p os es of s u b -s ect i on ( 2) of section 2 of this Act,– ( i) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2009, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( ii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2010, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( iii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st da y of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( iv) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2012, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( v) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2013, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( vi) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2014, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2015 or the 1st day of April, 2016, ( vii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2015, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2016,-87-Ex-576/2017 (viii) the loss so computed for the pr evious year relevant to the assessment year commencing on t he 1st day of April, 2016, shall be set off against the agricultur al income of t he assessee for the previous year relevant to the assessment year commencing on t he 1st day of April, 2017. ( 2) Where the assess ee has, in the previous year relevant to the assessment year commencing on the 1st day of April, 2018, or, if by vir tue of a ny provision of the Income-ta x Act, income-tax is to be cha rged in r espect of the income of a period other than the previous year, in such other period, any agricult ural income and the net result of the computation of the agricultural income of the assessee for any one or more of t he previous years relevant to the assessment years commencing on the 1st da y of Apr il, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, is a loss, then, for the purposes of sub-section ( 10) of section 2 of this Act,–– ( i) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2010, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( ii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st da y of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( iii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2012, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( iv) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2013, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( v) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2014, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( vi) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2015, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2016 or the 1st day of April, 2017, ( vii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2016, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2017, ( viii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2017, shall b e set off against the agr icultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of April, 2018. ( 3) Where any person deriving any agricultural income from any source ha s been succeeded in such capacity by a nother person, otherwise than by inheritance, nothing in sub-rule ( 1) or sub-rule (2) shall entitle any person, other than the person incurring the loss, to have it set off under sub-rule ( 1) or, as the case may be, sub-rule ( 2).-88- Ex-576/2017 (4) Notwithstanding a nything contained in this rule, no loss which has not been determined by the Assessing Officer under the provisions of these r ules or the rules contained in the First Schedule to the Finance (No. 2) Act, 2009 (33 of 2009) or the First Schedule to the Finance Act, 2010 (14 of 2010) or the First Schedule to the Finance Act, 2011 (8 of 2011) or the First Schedule to the Finance Act, 2012 (23 of 2012) or the First Schedule to the Finance Act, 2013 (17 of 2013) or the First Schedule to the Finance (No. 2) Act, 2014 (25 of 2014) or the First Schedule to the Finance Act, 2015 (20 of 2015) or the First Schedule to the Finance Act, 2016 (28 of 2016) shall be set off under sub-rule ( 1) or, as the case may be, sub-rule (2). Rule9.—Where the net r esult of the computation made in accordance with these rules is a loss, the loss so computed shall be ignored and the net agricultur al income shall be deemed to be nil. Rule10.—The provisions of the Income-tax Act relating to pr ocedure for assessment (including the provisions of section 288A r elating to rounding off of income) shall, with the necessary modifications, apply in relation to the computation of the net agricultural income of the a ssessee as they apply in relation to the assessment of the total income. Rule11.—For the purposes of computing the net agricultura l income of the assessee, the Assessing Officer sha ll have the same powers as he has under the Income-tax Act for the purposes of assessment of the total income. THE SECOND SCHEDULE [ Seesection 110 (a)] In t he First Schedule to the Customs Ta riff Act,–– ( a) in Chapter 20, for the entry in column (4) occurring against tariff item 2008 19 10, the entry “45%” shall be substituted; ( b) in Chapter 84, for the entry in column (4) occurring against tariff item 8421 99 00, the entry “10%” shall be substituted. THE THIRD SCHEDULE [ Seesection 110(b)] In t he First Schedule to the Customs Ta riff Act,–– Tariff ItemDescription of goodsUnit Rate of Duty PreferentialStandard (1)(2)(3)(4)(5) (1) in Chapter 11, for tar iff item 1106 10 00 a nd the entries relating thereto, the following shall be substituted, namely:— “1106 10- Of the dried leguminous vegetables of heading 0713 1106 10 10— Guar Mealkg.30% - - 1106 10 90— Otherskg.30% - -”; (2) in Chapter 13, tariff items 1302 32 10 and 1302 32 20 and the entries relating thereto shall be omitted; (3) in Chapter 15, after tariff item 1511 90 20 and the entries relating thereto, the following tariff item and entries shall be inserted, namely:–– “1511 90 30— Refined bleached deodorised palm stearinkg.100%90%”; (4) in Chapter 38,–– ( a) in heading 3823, for sub-heading 3823 11 and tariff items 3823 11 11 to 3823 11 90 and the entries relating thereto, the following shall be substituted, namely:–– “3823 11 00— Stearic acidkg.30%-”; -89-Ex-576/2017 (b) in heading 3824, against tariff item 3824 88 00, in column (2), for the words “hexa- hept a-”, the words “hexa-, hept a-” sha ll be substituted; (5) in Chapter 39, in heading 3904, for sub-heading 3904 00 and tariff items 3904 10 10 and 3904 10 90, sub-heading 3904 21, tariff items 3904 21 10 and 3904 21 90 and sub-heading 3904 22, tariff items 3904 22 1 0 and 3 904 22 90 and the entries relating thereto, the following shall be substituted, namely:- “3904 10 - Poly (vinyl chloride), not mixed with any ot her substa nces: 3904 10 10— Emulsion grade PVC resin / PVC Paste resin/ PVCdispersion resinkg.10%- 3904 10 20 — Suspension grade PVC resinkg.10%- 3904 10 90— Ot herkg.10%- - Other poly (vinyl chloride), mixed with other substances: 3904 21 00— Non-plasticisedkg.10%- 3904 22 00 — Plasticisedkg.10%-”; (6) in Chapter 44, against tariff item 4401 22 00, in column (2), for the words “agglomerated, in logs”, the words “a gglomera ted in logs” shall be substituted; (7) in Chapter 48, in Not e 4, for the word “apply”, the word “applies” sha ll be substituted; (8) in Chapter 54, tariff items 5402 59 10 and 5402 69 30 and the entries relating thereto shall be omitted; (9) in Chapter 63, in sub-heading Note, for the words “ from fa brics”, the words “from warp knit fabrics”shall be substituted; (10) in Chapter 98,–– ( i) in Chapter Note 4, for clauses (b) and (c), the following clauses shall be substituted, namely:–– “( b) alcoholic beverages; and ( c) tobacco and manufactured products thereof.”; ( ii) for the entry in column (2) occurring against heading 9804, the entry “All dutiable goods im- ported for personal use” shall be substituted. THE FOURTH SCHEDULE ( Seesection 111) In the Second Schedule to the C ustoms Tar iff Act , a ft er Sl. No. 23B and the entr ies r elating thereto, the following Sl. No. a nd ent ries shall be inserted, namely:— (1)(2)(3)(4) “23C 2606 00 90Other aluminium ores and concentr ates30%”. THE FIFTH SCHEDULE ( Seesection 119) In the First Schedule to the Central Excise Tariff Act, in Chapter 24,–– ( a) for the entry in column (4) occurring against tariff items 2402 10 10 and 2402 10 20, the entry “12.5% or Rs.4006 per thousand, whichever is higher” shall be substituted; ( b) for the entry in column (4) occurring a gainst tariff item 2402 90 10, the entry “Rs.4006 per thousand” shall be substituted; ( c) for the entry in column (4) occurring against tariff items 2402 90 20 and 2402 90 90, the entry “12.5% or Rs.4006 per thousand, whichever is higher” shall be substituted.-90-Ex-576/2017 THE SIXTH SCHEDULE (Seesection 129)Sl. NoProvisions of the Service Tax(Determination of Value) Rules, 2006 to be amendedAmendment Period of effect of amend- ment(1)(2)(3)(4) 1.Rule 2A as inserted by no- tification number G.S.R. 375 (E), dated the 22nd May, 2007 [29/2007– Ser- vice Tax, dated the 22nd May, 2007].In the Service Tax (Determina tion of Value)Rules, 2006, in rule 2A,–– (I) in sub-rule (1), in clause (i), aft er the words “value of transfer of property in goods”, the words “ or in goods and land or undivided sha re of land, as the case may be,” shall be inserted; (II) after sub-rule ( 1), the following subr ule shall be inserted, namely:— “( 2) Where the value has not been determined under sub-rule ( 1) and the gross amount charged includes the value of goods as well as land or undivided sha re of land, the service tax shall be payable on twenty-five per cent. of the gross amount charged for the works contract , subject to the following conditions, namely:–– ( i) the CENVAT Credit of duty paid on inputs or capital goods or the CENVAT C redit of s ervice tax on input services, used for providing such taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004; ( ii) t he service provider has not availed the benefit under the notification of the Government of India in the Minis try of Finance (Department of Revenue), No. 12/ 2003-Service Tax, dated the 20th June, 2003 [G.S.R. 503( E), dated the 20th June, 2003]. Explanation.—For the purposes of this sub-rule, the gross amount charged shall1st day of July, 2010 to 30th day of June, 2012 (both days inclusive). 1st day of July, 2010 to 30th day of June, 2012 (both days inclusive). -91-Ex-576/2017 include the value of goods and materials supplied or provided or used for providing the taxa ble ser vice by the ser vice provider.”. 2.Rule 2A as substituted by notification number G.S.R. 431(E), da ted the 6th June, 2012. [24/2012– Service Tax, dated the 6th June, 2012].In the Service Tax (Determination of Value) Rules, 2006, in rule 2A,–– (I) in clause (i), after the words “ va lue of pr operty in goods”, the words “or in goods and land or undivided share of land, as the case may be,” shall be inserted; (II) in clause ( ii), in sub-clause ( A),–– ( a) the following proviso shall be inserted, namely:— “Provided that where the amount charged for works contr act includes the value of goods as well as land or undivided share of land, the ser vice tax shall be payable on twenty-five per cent. of the total amount cha rged for the works contract.”; ( b) for the proviso, the following provisos shall be substituted, namely:–– “P rovided t ha t where t he amount charged for works contr act includes the value of goods as well as land or undivided share of land, the ser vice tax shall be pa yable on thirty per cent. of the total amount cha rged for the works contr act: Provided fu rther that in case of works contract for construction of residential units having carpet area up to 2000 square feet or where the amount char ged per residential unit from service recipient is less tha n rupees one cror e and the amount charged for the works contract includes the value of goods as well as land or undivided share of land, the service tax shall be payable on twenty-five per cent. of the total1st day of July, 2012 onwar ds. 1st day of July, 2012 to 28th day of February, 2013 (both days inclusive). 1st day of March, 2013 to 7th day of May, 2013 (both days inclusive). 8th day of May, 2013 to -92- Ex-576/2017 amount char ged for the works contract.”; (c) for the provisos, the following provisos shall be substituted, namely:–– “Provided that where the amount charged for works contract includes the value of goods as well as land or undivided shar e of la nd, the service tax shall be pa yable on thirty per cent. of the total amount cha rged for the works contr act: Provided further that in case of works contract for construction of residential units having carpet area up to 2000 squa re feet and where the amount charged per r esidential unit from service recipient is less than rupees one crore and the amount charged for the works contract includes the value of goods as well as land or undivided share of land, the service tax shall be payable on twenty-five per cent. of the tota l amount cha rged for the works contract. ”; ( d) for the provisos, the following proviso shall be substituted, namely:–– “Provided that where the amount charged for works contract includes the value of goods as well as land or undivided shar e of la nd, the service tax shall be pa yable on thirty per cent. of the total amount cha rged for the works contract.”.31st day of March, 2016 (both days inclusive). 1st day of April, 2016 onwar ds. -93-Ex-576/2017 THE SEVENTH SCHEDULE (Seesection 150) In the Seventh Schedule to the Finance Act, 2005,–– ( a) for the entry in column (4) occurring against tariff item 2402 20 10, the entry “Rs. 311 per thousand” shall be substituted; ( b) for the entry in column (4) occurring against tariff item 2402 20 20, the entry “Rs. 541 per thousand” shall be substituted; ( c) for the entry in column (4) occurring against tariff item 2402 20 30, the entry “Rs. 311 per thousand” shall be substituted; ( d) for the entry in column (4) occurring against tariff item 2402 20 40, the entry “Rs. 386 per thousand” shall be substituted; ( e) for the entry in column (4) occurring against tariff item 2402 20 50, the entry “Rs. 541 per thousand” shall be substituted; ( f) for the entry in column (4) occurring against tariff item 2402 20 90, the entry “Rs. 811 per thousand” shall be substituted; ( g) for the entry in column (4) occurring against tariff items 2403 99 10, 2403 99 30 and 2403 99 90, the entry “12%” shall be substituted. THE EIGHTH SCHEDULE [ Seesections 183 and 184] S.No.Tribunal/Appellate Tribunal/Board/AuthorityActs (1)(2)(3) 1. Indu strial Tribuna l constituted by the C entral Government.The Industrial Disputes Act, 1947 (14 of 1947) 2. Income-Tax Appellate TribunalThe Income -Tax Act, 1961 (43 of 1961) 3. Customs, Excise and Service Tax Appellate TribunalThe Customs Act, 1962 ( 52 of 1962) 4. Appellate Tribunal.The S mugglers and For eign Exchange Ma nipula tors (Forfeiture of Property) Act, 1976 (13 of 1976) 5. Central Administrative TribunalThe Administr ative Tr ibunals Act, 1985 (13 of 1985) 6. Railway Claims TribunalThe Railway Claims Tribunal Act, 1987 (54 of 1987) 7. Securities Appellate TribunalThe Securities and Exchange Board of India Act, 1992 ( 15 of 1992) 8. Debt s Recovery TribunalThe Recover y of Debts due to Banks and Financial Institutions Act, 1993 (51 of 1993) 9. Debts Recover y Appellate TribunalThe Recover y of Debts due to Banks and Financial Institutions Act, 1993 (51 of 1993) -94- Ex-576/2017 10. Airport Appellate TribunalThe Airport Authority of India Act, 1994 (55 of 1994) 11. Telecom Disputes Settlement and Appellate TribunalThe Telecom Regula tory Authority of India Act, 1997 (24 of 1997) 12. Appellate BoardThe Trade Marks Act, 1999 (47 of 1999) 13. National Company Law Appellate TribunalThe Companies Act, 2013 (18 of 2013) 14. Authority for Advance RulingThe Income Tax Act, 1961 ( 43 of 1961) 15. Film Certification Appellate TribunalThe Cinematograph Act, 1952 ( 37 of 1952) 16. National Consumer Disputes Redressa l CommissionThe Consumer Protection Act, 1986 ( 68 of 1986) 17. Appellate Tribunal for ElectricityThe Electricity Act, 2003 ( 36 of 2003) 18 Armed Forces TribunalThe Armed Forces Act, 2007 ( 55 of 2007) 19. National Green TribunalThe National Green Tribunal Act, 2010 ( 19 of 2010). THE NINTH SCHEDULE [Seesection 185] Sl.No. Tribunal/ Appellate Tribunal under ActsTribunal/Appellate Tribunal Authority to exercise the jurisdiction under the Acts. (1) (2) (3) 1. The Employees Provident Fund Appellate Tr ibunal underThe Industr ial Tribunal constit uted the Employees Provident Funds and Miscellaneousby t he Centr al Government under Provisions Act, 1952.the Industrial Disputes Act, 1947. 2. The Copyright Boar d under the Copyright Act, 1957.The I ntellect ual P rop erty Appellate Board under the Trade Marks Act, 1999. 3. The Railway Rates Tribunal under the Railways Act, 1989.The Railway Claims Tribunal under the Railway Cla ims Tribunal Act, 1987. 4. The Appella te Tribunal for Foreign Exchange underThe Appellate Tribunal under the the Foreign Exchange Management Act, 1999.Smugglers a nd Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. 5. The Nationa l Highways Tribunal under the Control ofThe Airport Appellate Tribunal National Highways (Land and Traffic) Act, 2002.under the Airport Authorit y of India Act, 1994. -95-Ex-576/2017 6. (A) The Cyber Appellate Tribunal under the Informa tionThe Telecom Disp utes Technology Act, 2000. (B) The Air ports Economic Regulatory Authorit y AppellateSettlement and Appellate Tribunal under the Airpor ts Economic Regulator y AuthorityTribunal under the Telecom of India Act, 2008.Regulatory Authority of India Act, 1997. 7. The Competition Appellate Tribunal under the Competition Act, 2002.The National Company Law Appellate Tribunal under the Companies Act, 2013.”.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50-96- Ex-576/2017

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNo. A. 21015/1/2014-E-in-C/PHE/105 ‘A’, the 28th September, 2017.Change of name in resp ect of H.F. Lalremtlua nga, W/C Khalsi formerly named as Lalremtlua nga which has been done in compliance with Chapter 57 of Swamy’s Complete Manual on Esta blishment and Adminis tration and as per O.M issued by DP&AR(GSW) vide No. A. 47012/1/2016-P&AR(GSW) dt. 17.1.2017 is hereby approved by Engineer-in-Chief, PHE Department who is the Appointing Author ity. Lalmuanzova, Engineer-in-Chief : PHED, Mizoram : Aizawl.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 VOL - XLVI Aizawl, Friday 29.9.2017 Asvina 7, S.E. 1939, Issue No. 559

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNo. A. 11015/1/2015-EC(P&E)/40, the 28th September, 2017.After executing a Deed in prescribed form, the former name BIAKNGURA S/o Lianvela (L) resident of Bawngkawn, Aizawl, Mizoram do hereby a ssumed the new name of LALDIN LIANA S/o Lianvela (L ) and hereafter should be called, known and distinguish not by his former name, but assumed name of LALDINLIANA S/o Lianvela (L). It is therefore authorized and r equested all p ersons - officials and non-officials to designate and addr ess him by such assumed name of - LALDINLIANA S/o Lianvela (L). Liannghinglova Pachuau, Engineer-in-Chief, Power & Electricity Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 VOL - XLVI Aizawl, Friday 29.9.2017 Asvina 7, S.E. 1939, Issue No. 560

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. B. 12017/53/17-SWD, the 27th September, 2017.In exercise of the powers confer red under Rule 3(1) of the Mizoram State Commission for Protection of Child Rights Rules, 2017 and in the interest of public services, the Governor of Mizoram is pleased to constitute‘Member Selection Committ ee’ for selection of Chair person and members of Mizora m State Commission for Protection of Child Rights with the following Member with immediate effect and until fur ther order : 1.Hon’ble Minister, Social Welfare Department -Chairman 2.Secretary, DP&AR-Member 3.Secr etary, Socia l Welfare Depart ment-Member Secretary P. Lalchhuanga, Secretary to the Govt. of Mizoram, Social Welfare Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 VOL - XLVI Aizawl, Friday 29.9.2017 Asvina 7, S.E. 1939, Issue No. 561

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008ORDERNo. BN/R-204/2017/3135, the 26th September, 2017.In pursuance of DP &AR(G SW) Govt. of Mizoram, Office Memorandum vide No. 47012/1/2016-P&AR/(GSW) Dt. 17.1.2017, and PHQ letter No. E/PHQ/C/Name/2015/333 Dt. 27.6.2017, C/555 R. Lalhriatrenga of 1st Bn. MAP, may hereinafter be called, known and distinguished in all s ervice record as well as in officia l transa ction r elating to service matter as Lalhriatrenga instead of R. Lalhriatrenga. C/555 Lalhriatrenga is directed to notify the change of his name from R. Lalhriatrenga to Lalhriatrenga in a prominent local news paper as well as in the Mizoram Gazette at his own expense. P. C Lalchhuanawma, MPS, Commandant, 1st Bn. MAP, Aizawl, Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 VOL - XLVI Aizawl, Friday 29.9.2017 Asvina 7, S.E. 1939, Issue No. 562

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Friday 29.9.2017 Asvina 7, S.E. 1939, Issue No. 563 OFFICE ORDER NO.310 OF 2017-18No.A.22018/1/2017-DTE(SERI)/11, the 27th September, 2017.On production of the Mizoram Gazette extra ordinary Vol-XLVI Dt.08.09.2017 regarding Deed Changing Name, the name written and recorded as L.T. Zama, Sericulture Extension Officer is hereby corrected as Lalthanzama from the date of issue of this order. Lalrozama, Director of Sericulture, Mizo ram : Aizawl. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Friday 29.9.2017 Asvina 7, S.E. 1939, Issue No. 564 OFFICE ORDERNo.A.31016/6/99-COMEX, the 27th September, 2017.WHEREAS H/C 138 Lalbiaa, Officer of the Superintendent of Excise & Narcotics Aizawl District, Aizawl has submitted an application requesting to change his name from Lalbiaa to Vanlalbiaa by making an affidavit before a notary. AND WHEREASGo vt . o f Mizo ram, DP&AR(GSW) issued Office Memo randum vide No.A.47012/1/2016-P&AR(GSW) dt.17.01.2017 simplifying the procedure of changing of name by empowering the Appointing Authority to issue an order to be followed by publication of the change of name of Govt. Servant in a prominent local newspaper as well as in the Mizoram Gazette at Govt’s employee’s own expense. NOW, THEREFORE, I, the undersigned do hereby allow H/C 138 Lalbiaa to change his name from Lalbiaa to Vanlalbiaa and he shall henceforth be known by the name ofVanlalbiaa for all purposes from the date of publication in the prominent local newspaper as well as in the Mizoram Gazette. Ngurchungnunga Sailo, Commissioner of Excise & Narcotics Mizo ram : Aizawl. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Friday 29.9.2017 Asvina 7, S.E. 1939, Issue No. 565 AFFIDAVITI, Margaret Lalthansangi daughter of Shri. Thana Chawhte (L) (father) and Smt. Hmingthanzami (mother) resident of Kulikawn, Aizawl, Mizoram, India, Christian by faith do hereby solemnly affirm and state as follows :- 1.That I am a bonafide citizenof India belonging to Scheduled tribe community of Mizo. 2.That in my service record book my father ’s name has been inadvertently written and recorded as Thana. However, his true and correct name isThana Chawhte. And my mother ’s name is Hmingthanzami. 3.That the purpose of this affidavit is to declare that the saidThana andThana Chawhte is one and the same person. 4.That from now onward the name of my father shall be written and recorded asThana Chawhte in all respect instead ofThana. 5.That the statement made in paragraphs 1 to 4 are true and correct to the best of my knowledge and belief and nothing material has been concealed therein. IN WIT NESS WHEREOF, I have hereunto put my signature on this the 18th day of September, 2017. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50Identified by me : Sd/- LALHMINGMAWIA Advocate Chaltlang Aizawl : MizoramSworn before me : Sd/- R.THANGKANGLOVA Advocate Notary Public Aizawl, MizoramDEPONENT No t arial Regist rat io n No. 112/9 Date. 15/9/2017

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Friday 29.9.2017 Asvina 7, S.E. 1939, Issue No. 566 NOTIFICATIONNo.B.12011/11/2013-SWD, the 26th September, 2017.Co nsequent upon the resignation of Pi Vanlalawmpuii Chawngt hu, Chairman, Mizo ram St at e Co mmissio n fo r Wo men, t he Go verno r o f Mizoram is pleased to appoint Smt. Margaret Zohmingthangi, IAS (Rtd) as Chairman, Mizoram State Commission for Women for a period of three years or till she attains the age of Sixty-five years, whichever is earlier. The terms and conditions to the appointment will be governed by the Mizoram State Com- mission for women Rules, 2008 issued in the Mizoram Gazette vide No.B.14011/3/05-SWD dt. 16.10.2008. P.Lalchhuanga, Secretary to the Govt. of Mizoram, Social Welfare Department. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. J. 11012/3/2013-POL/Wed(ii), the 20th September, 2017.In exercise of powers vested in him by Clause (1) of Article 164 of the Constitution of India , the Governor of Mizoram on the advice of the Chief Minister has been pleased to appoint Pu K.S. Thanga, as Minister of State for the State of Mizoram. Lalmalsawma, Chief Secretary to the Govt. of Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/150 VOL - XLVI Aizawl, Thursday 28.9.2017 Asvina 6, S.E. 1939, Issue No. 543