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The NAGALAND GOODS AND SERVICES TAX (4th AMENDMENT) ACT, 2020

Nagaland · state statute
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The Nagaland Gazette 	 30 , April, 2021 
PART -V 
NOTIFICATION  
Dated Kohima, the 12 April 2021. 
No.LAW/ACT/3-81/2021;The Nagaland Goods and Services Tax (Fourth Amendment) Act, 
2020 (Act No. 2 of 2021) duly assented by the Hon'bte Governor of Nagaland on 12.03.2021 
is published herewith for general information. 
SdI- 
RHONTFIU NGO ANDREAS 
Under Secretary to the Govt. of Nagaland. 
An 
Act 
Further to amend the Nagaland Goods and Services Tax Act, 2011 (Act No.4 of 2017). 
Be it enacted by the Legislature of Nagaland in the Seventy-second year of the Republic of 
India as follows:- 
Short title and 
commencement- 
Amendment of 
Section 2. 
Amendment of 
Section 10. 
Amendment of 
Section lΓ΄. 
1. (1) This Act may be called the Nagaland Goods and Services Tax 
(Fourth Amendment) Act, 2020. 
(2) Save as otherwise provided, the provisions of this Act shall come into 
force on such date as the State Government may. by notification in the 
Official Gazette. appoint: 
Provided that different dates may be appointed for different 
provisions of this Act and any reference in any such provision to the 
commencement of this Act shall be construed as a reference to the coming 
into force of that provision. 
2. In the existing clause (114) of section 2 of the Nagaland Goods and 
Services Tax Act 201.7, hereinafter referred to as the principal Act, for 
clauses (c) and (d), the following clauses shall he substituted, mrniely:- 
(c) Dadra and Nagar Haveli and Daman and Diu: 
(d) Ladakh;". 
3. In section 10 of the principal Act, in sub-section (2). in clauses (b). (C) 
and (d), after the words 'of goods", the words or services" shall he 
inserted. 
4. In section 16 of' the principal Act, in sub-section (4). the words "invoice 
relating to such" shall be omitted. 
Amendment 
Section 29. 
of 	 5. In section 29 of the principal Act, in sub-section (1), for clause (c he 
following clause shall he substituted, namely:β€” 
"(c) the taxable person is no longer liable to be registered under section 
22 or section 24 or intends to opt out of the registration voluntarily made 
under sub-section (3) of section 25:'. 

3 	 The Nagaland Gazette, Part-V 	 30 , April, 2021 
Amendment of 
Section 30. 
Amendment of 
Section 31. 
Amendment of 
Section 51. 
Amendment of 
Section 122. 
Amendment of 
Section 132. 
6. In section 30 ol' the principal Act, in sub-section (1), for the proviso, the 
following proviso shalt be substituted. namely:β€” 
"Provided that such period may, on sufficient cause being shown, 
and for reasons to be recorded in writing. he extended,β€” 
(a) by the Additional Commissioner or the Joint Commissioner, as 
the case may be. for a period not exceeding thirty days: 
(b) by the Commissioner, for a further period not exceeding thirty 
days, beyond the period specified in clause (a).". 
7. In section 31 of the principal Act. in sub-section (2), for the proviso, the 
following proviso shall be substituted, namely:β€” 
"Provided that the Government may, on the recommendations of 
the Council. by notification,β€” 
(a) specify the categories of services or supplies in respect of 
which a tax invoice shall he issued, within such time and in such manner 
as may be prescribed; 
(b) suject to the condition mentioned therein speciA ,  the 
categories of services in respect of whichβ€” 
(i) any other document issued in relation to the supply shall he 
deemed to be a tax invoice; or 
(ii) tax invoice may not be issued.". 
8 ' In section 51 of the principal Act, - 
(a) for sub-section (3), the following sub-section shall be substituted, 
namely;β€” 
"(3) A certificate of tax deduction at source shall be issued in 
such form and in such manner as may be prescribed.". 
(b) sub-section (4) shall be omitted.". 
9. In section 122 of the principal Act, after sub-section (1), the following 
sub-section shall be inserted, namely:β€” 
"(IA) Any person who retains the benefit of a transaction covered 
under clauses (I). (ii), (vii) or clause (ix) of sub-section (1) and at whose 
instance such transaction is conducted, shall he liable to a penalty of an 
amount equivalent to the tax evaded or input tax credit availed of or 
passed on,". 
10. In section 132 of the principal Act, in sub-section (1),β€” 
(1) for the words "Whoever commits any of the following offences". 
the words *'Whoever coninilts, or causes to commit and retain the benefits 
arising out of, any of the following offences" shalt be substituted: 

30, April, 2021 	 The Nagaland Gazette, Part-V 	 4 
Amendment of  
Section 140. 
(ii) for clause (c), the following clause shall he suhstituted 
namely;β€” 
(c) avails input tax credit using the invoke or bill referred to in 
clause (b) or fraudulently avails input tax credit without any 
invoice or bill:"; 
(iii) in sub-clause (e), the words ", fraudulently avails input tax 
credit" shall be omitted. 
11. In section 140 of the principal Act, with effect from the Pt  day of July. 
2017.β€” 
(a) in sub-section (1), after the words "existing law", the words "within 
such time and" shall be inserted and shall be deemed to have been 
inserted; 
(b) in sub-section (2), after the words "appointed day". the words "within 
such time and" shall be inserted and shall he deemed to have been 
inserted: 
(c) in sub-section (3), for the words "goods held in stock on the appointed 
day subject to". the words "goods held in stock on the appointed day, 
within such time and in such manner as may be prescribed. subject to" 
shall he substituted and shall be deemed to have been substituted; 
(d) in sub-section (5), for the words "existing law", the words "existing 
law, within such time and in such manner as may be prescribed" shall be 
substituted and shall be deemed to have been substituted: 
Amendment 
Section 172. 
Amendment 
Schedule 11 
(e) in sub-section (6), for the words "goods held in stock on the appointed 
day subject to", the words "goods held in stock on the appointed day, 
within such lime and in such manner as may be prescribed, subject to"  
shall be substituted and shall be deemed to have been substituted; 
of 	 12. In section 172 of the principal Act, in sub-section (i), in the proviso. 
for the words "three )cars". the words "five years" shall be substituted. 
of 	 13. in Schedule II of the principal Act, in paragraph 4. the words 
"whether or not for a consideration,' at both the places where they occur, 
shall be omitted and shalt be deemed to have been omitted with effect 
from the i' day of July. 201 7 

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