The UTTAR PRADESH GOODS AND SERVICES TAX ACT, 2017
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE UTTAR PRADESH GOODS AND SERVICES TAX ACT, 20171 [U. P. ACT No. 1 of 2017] Amended by U. P. Act no. 45 of 2018 U.P. Act No. 05 of 2020 U.P. Act No. 16 of 2020 U.P. Act No. 24 of 2020 U.P. Act No. 40 of 2021 U.P. Act No. 11 of 2022 U.P. Act No. 14 of 2023 U.P. Act No. 19 of 2023 U.P. Act No. 16 of 2024 U.P. Act No. 17 of 2024 U.P. Act No. 08 of 2025 [ As passed by the Uttar Pradesh Legislature, assented to by the Governor on May 18, 2017 and published in U. P. Gazette extraordinary on May 19, 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 State of Uttar Pradesh and the matters connected therewith or incidental thereto. It is hereby enacted in the Sixty-eighth Year of the Republic of India as follows :— CHAPTER I PRELIMINARY Short title, extent and commen- cement 1. (1) This Act may be called the Uttar Pradesh Goods and Services Tax Act, 2017. (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force on such date as the State Government may, by notification in the 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. Definitions Act No. 04 of 1882 2. In this Act, unless the context otherwise requires, — (1) “actionable claim” shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882 ; (2) “address of delivery” means the address of the recipient of goods or services or both indicated on the tax invoice issued by a registered person for delivery of such goods or services or both ; (3) “address on record” means the address of the recipient as available in the records of the supplier ; 1. For SOR see at the end of this Act. 2 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] (4) “adjudicating authority” means any authority, appointed or authorized to pass any order or decision under this Act, but does not include the Commissioner, Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, 1[National Appellate Authority for Advance Ruling] 2[the Appellate Authority, the Appellate Tribunal and the Authority referred to in sub-section (2) of section 171; ] (5) “agent” means a person, including a factor, broker, commission agent, arhatia, del credere agent, an auctioneer or any (6) “aggregate turnover” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes Central tax, State tax, Union territory tax, integrated tax and Cess ; (7) “agriculturist” means an individual or a Hindu Undivided Family who undertakes cultivation of land. (a) by own labour, or (b) by the labour of family, or (c) by servants on wages payable in cash or kind or by hired labour under personal supervision or the personal supervision of any member of the family ; (8) “Appellate Authority” means an authority appointed or authorized to hear appeals as referred to in section 107. (9) “Appellate Tribunal” means the Goods and Services Tax Appellate Tribunal referred to in section 109 ; (10) “appointed day” means the date on which the provisions of this Act shall come into force ; Act No. 43 of 1961 (11) “assessment” means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgment assessment ; (12) “associated enterprises” shall have the same meaning as assigned to it in section 92A of the Income-tax Act, 1961 ; (13) “audit” means the examination of records, returns and other documents maintained or furnished by the registered person under this Act or the rules made there under or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or the rules made there under ; 1. Ins. by sec. 2 of U.P. Act No. 5 of 2020. 2. Subs. by sec. 2 (a) of U. P. Act no. 45 of 2018. 4 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] (14) “authorized bank” shall mean a bank or a branch of a bank authorized by the Central Government to collect the tax or any other amount payable under this Act ; (15) “authorized representative” means the representative as referred to under section 116 : (16) “Board” means the 1[Central Board of Indirect Taxes and Customs] constituted under the Central boards of Revenue Act, 1963 : (17) “business” includes — (a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit ; (b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a) ; (c) any activity or transaction in the nature of sub-clause (a), whether or not there is volume, frequency, continuity or regularity of such transaction ; (d) supply or acquisition of goods including capital goods and services in connection with commencement or closure of business ; (e) provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members ; (f) admission, for a consideration, of persons to any premises ; (g) services supplied by a person as the holder of an office which has been accepted by him in the course or furtherance of his trade, profession or vocation ; 2[ (h) activities of a race club including by way of totalisator or a license to look maker or activities of a licensed book maker in such club ; and ; ] (i) any activity or transaction undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities ; (18) 3[ X X X X ] (19) “capital goods” means goods, the value of which is capitalized in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business ; (20) “casual taxable person” means a person who occasionally undertakes transactions involving supply of goods or services or both in the course or furtherance of business, whether as principal, agent or in any other capacity, in the taxable territory where he has no fixed place of business ; 1. Subs. by sec. 2 (b) of U. P. Act no. 45 of 2018. 2. Subs. by sec. 2 (c) of U. P. Act no. 45 of 2018. 3. Omit. by sec. 2 (d) of U. P. Act no. 45 of 2018. 6 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] Act No. 12 of 2017 Act No. 15 of 2017 (21) “central tax” means the central goods and services tax levied under section 9 of the Central Goods and Services Tax Act, 2017; (22) “Cess” shall have the same meaning as assigned to it in the Goods and Services Tax (Compensation to States) Act, 2017 ; Act No. 38 of 1949 (23) “chartered accountant” means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 ; (24) “Commissioner” means the Commissioner of State tax appointed under section 3 and includes the Chief Commissioner, Principal Commissioner, Special Commissioner or Additional Commissioner of State tax appointed under section 3 ; Act no. 12 of 2017 (25) “Commissioner in the Board” means the Commissioner referred to in section 168 of the Central Goods and Services Tax Act, 2017 ; (26) “common portal” means the common goods and services tax electronic portal referred to in section 146 ; Act no. 56 of 1980 (27) “common working days” shall mean such days in succession which are not declared as gazetted holidays by the Central Government or the government of Uttar Pradesh ; (28) “company secretary” means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 ; (29) “competent authority” means such authority as may be notified by the Government ; (30) “composite supply” means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply ; Illustration :—Where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is a principal supply. (31) “consideration” in relation to the supply of goods or services or both includes — (a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government ; (b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government ; 8 [The Uttar Pradesh Goods and Services Tax Act, 2017] Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply ; (32) “continuous supply of goods” means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the Government may, subject to such conditions, as it may by notification, specify ; (33) “continuous supply of services” means a supply of services which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, for a period, exceeding three months with periodic payment obligations and includes supply of such services as the Government may, subject to such conditions, as it may, by notification, specify ; Act no. 23 of 1959 (34) “conveyance” includes a vessel, an aircraft and a vehicle ; (35) “cost accountant” means a cost accountant as defined in 1[clause (b)] of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 ; (36) “Council” means the Goods and Services Tax Council established under article 279A of the Constitution ; (37) “credit note” means a document issued by a registered person under sub-section (1) of section 34 ; (38) “debit note” means a document issued by a registered person under sub-section (3) of section 34 ; (39) “deemed exports” means such supplies of goods as may be notified under section 147 ; (40) “designated authority” means such authority as may be notified by the Commissioner ; Act no. 21 of 2000 (41) “document” includes written or printed record of any sort and electronic record as defined in clause (t) of section 2 of the Information Technology Act, 2000 ; (42) “drawback” in relation to anygoods manufactured in India and exported, means the rebate of duty, tax or cess chargeable on any imported inputs or on any domestic inputs or input services used in the manufacture of such goods ; (43) “electronic cash ledger” means the electronic cash ledger referred to in sub-section (1) of section 49 ; (44) “electronic commerce” means the supply of goods or services or both, including digital products over digital or electronic network ; 1. Subs. by sec. 2 (e) of U. P. Act no. 45 of 2018. 10 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] (45) “electronic commerce operator” means any person who owns, operates or manages digital or electronic facility or platform for electronic commerce ; (46) “electronic credit ledger” means the electronic credit ledger referred to in sub-section (2) of section 49 ; Act no. 13 of 2017 (47) “exempt supply” means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, 2017 and includes non-taxable supply ; (48) “existing law” means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this Act by the Legislature or any Authority or person having the power to make such law, notification, order, rule or regulation ; (49) “family” means, — (i) the spouse and children of the person, and (ii) the parents, grand-parents, brothers and sisters of the person if they are wholly or mainly dependent on the said person ; (50) “fixed establishment” means a place (other than the registered place of business) which is characterized by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs ; (51) “Fund” means the Consumer Welfare Fund established under section 57 ; (52) “goods” means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply ; Act no. 15 of 2017 (53) “Government” means the Government of Uttar Pradesh ; (54) “Goods and Services Tax (Compensation to States) Act” means the Goods and Services Tax (Compensation to State) Act, 2017; (55) “goods and services tax practitioner” means any person who has been approved under section 48 to act as such practitioner ; Act no. 80 of 1976 (56) “India” means the territory of India as referred to in article 1 of the Constitution, its territorial waters, seabed and sub-soil underlying such waters, continental shelf, exclusive economic zone or any other maritime zone as referred to in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, and the air space above its territory and territorial waters ; Act no. 13 of 2017 (57) “Integrated Goods and Services Tax Act” means the Integrated Goods and Services Tax Act, 2017 ; 12 [The Uttar Pradesh Goods and Services Tax Act, 2017] Act no. 13 of 2017 (58) “integrated tax”means the integrated goods and services tax levied under the Integrated Goods and Services Tax Act, 2017 ; (59) “input” means any goods other than capital goods used or intended to be used by a supplier in the course or furtherance of business ; (60) “input Service” means any service used or intended to be used by a supplier in the course or furtherance of business ; 1[(61) "Input Service Distributor" means an office of the supplier of goods or services or both which receives tax invoices towards the receipt of input services, including invoices in respect of services liable to tax under sub-section (3) or sub-section (4) of section 9, 2[of this Act or under sub-section (3) or sub-section (4) of Section 5 of the Integrated Goods and Services Tax Act, 2017] for or on behalf of distinct persons referred to in section 25, and liable to distribute the input tax credit in respect of such invoices in the manner provided in section 20;] (62) “input tax” in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or both made to him and includes — (a) the integrated goods and services tax charged on import of goods ; (b) the tax payable under the provisions of sub-sections (3) and (4) of section 9 ; Act no. 13 of 2017 Act no. 12 of 2017 (c) the tax payable under the provisions of sub-sections (3) and (4) of section (5) of the Integrated Goods and Services Tax Act, 2017 or (d) the tax payable under the provisions of sub-sections (3) and (4) of section 9 of the Central Goods and Services Tax Act, 2017 ; or but does not include the tax paid under the composition levy ; Act no. 13 of 2017 (63) “input tax credit” means the credit of input tax ; (64) “intra-State supply of goods” shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act, 2017 ; Act no. 13 of 2017 (65) “intra-State supply of services” shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act, 2017 ; (66) “invoice” or “tax invoice” means the tax invoice referred to in section 31 ; (67) “inward supply” in relation to a person, shall mean receipt of goods or services or both whether by purchase, acquisition or any other means, with or without consideration ; (68) “job work” means any treatment or process undertaken by a person on goods belonging to another registered person and the expression “job worker” shall be construed accordingly ; (69) “local authority” means — 1. Subs. by sec. 2 of U.P. Act No. 16 of 2024. 2. Ins. by sec. 2(i) of U.P. Act No. 8 of 2025. (w.e.f. 01-04-2025) 14 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] (a) a “Panchayat” as defined in clause (d) of article 243of the Constitution ; (b) a “Municipality” as defined in clause (e) of article 243P of the Constitution ; (c) a Municipal Committee, a Zila Parishad, a District Board, and any other authority legally entitled to, or entrusted by the Central Government or any State Government with the control or management of a municipal 1[fund] or local fund ; 2[Explanation––For the purposes of this sub-clause,— (a) “local fund” means any fund under the control or management of an authority of a local Self-Government established for discharging civic functions in relation to a Panchayat area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called; (b) “municipal fund” means any fund under the control or management of an authority of a local Self-Government established for discharging civic functions in relation to a Metropolitan area or Municipal area and vested by law with the powers to levy, collect and appropriate any tax, duty, toll, cess or fee, by whatever name called.’;] Act no. 41 of 2006 (d) a Cantonment Board as defined in section 3 of the Cantonments Act, 2006 ; (e) a Regional Council or a District Council Constituted under the Sixth Schedule to the Constitution ; (f) a Development Board constituted under article 371A 3[and Article 371 J] of the constitution ; (g) a Regional Council constituted under article 371A of the Constitution ; (70) “location of the recipient of services” means, — (a) where a supply is received at a place of business for which the registration has been obtained, the location of such place of business ; (b) where a supply is received at a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment ; (c) where a supply is received at more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply ; and (d) in absence of such places, the location of the usual place of residence of the recipient ; (71) “location of the supplier of services” means, — 1. Ins. by sec. 2(ii)(a) of U.P. Act No. 8 of 2025 2. Ins. by sec. 2(ii)(b) of U.P. Act No. 8 of 2025. 3. Ins. by Sec. 2 (f) of U. P. Act no. 45 of 2018. 16 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] (a) where a supply is made from a place of business for which the registration has been obtained, the location of such place of business ; (b) where a supply is made from a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment ; (c) where a supply is madefrom more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provisions of the supply ; and (d) in absence of such places, the location of the usual place of residence of the supplier ; (72) “manufacture” means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term “manufacturer” shall be construed accordingly ; (73)“market value” shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related ; (74) “mixed supply” means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply. Illustration :—A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these items are supplied separately ; (75) “money” means the Indian legal tender or any foreign currency, cheques, promissory note, bill of exchange, letter of credit, draft, pay order, traveller cheque, money order, postal or electronic remittance or any other instrument recognized by the Reserve Bank of India when used as a consideration to settle an obligation or exchange with Indian legal tender of another denomination but shall not include any currency that is held for its numismatic value ; Act no. 59 of 1988 (76) “motor vehicle”shall have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988 ; (77) “non-resident taxable person” means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India ; Act no. 13 of 2017 (78) “non-taxable supply” means a supply of goods or services or both which is not leviable tax under this Act or under the Integrated Goods and Services Tax Act, 2017 ; 18 [The Uttar Pradesh Goods and Services Tax Act, 2017] (79) “non-taxable territory” means the territory which is outside the taxable territory ; (80) “notification” means a notification published in the Official Gazette and the expressions ‘notify’ and ‘notified’ shall be construed accordingly ; 1[(80A) online gaming" means offering of a game on the internet or an electronic network and includes online money gaming; (80B) online money gaming" means online gaming in which players pay or deposit money or money's worth, including virtual digital assets, in the expectation of winning money or money's worth, including virtual digital assets, in any event including game, scheme, competition or any other activity or process, whether or not its outcome or performance is based on skill, chance or both and whether the same is permissible or otherwise under any other law for the time being in force;]2 (81) “other territory” includes territories other than those comprising in a State and those referred to in sub-clauses (a) to (e) of clause (114) ; (82) “output tax” in relation to a taxable person, means the tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis ; (83) “outward supply” in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, license, rental, lease or disposal or any other mode, made or agreed to be made by such person in the course or furtherance of business ; (84) “person” includes — (a) an individual ; (b) a Hindu Undivided Family ; (c) a company ; (d) a firm ; (e) a Limited Liability Partnership ; (f) an association of persons or a body of individuals, whether incorporated or not, in India or outside India ; Act no. 18 of 2013 (g) any corporation established by or under any Central Act, State Act or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 ; (h) anybody corporate incorporated by or under the laws of a country outside India ; (i) a co-operative society registered under any law relating to co- operative societies ; (j) a local authority ; 1. Ins. by sec. 2(a) of U.P. Act No. 19 of 2023. 2. Ins. by sec. 2(a) of U.P. Act No. 19 of 2023. 20 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] Act no. 21 of 1860 (k) Central Government or a State Government ; (l) society as defined under the Societies Registration Act, 1860; (m) trust ; and (n) every artificial juridical person, not falling within any of the above ; (85) “place of business” includes — (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both ; or (b) a place where a taxable person maintains his books of account ; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called ; Act no. 13 of 2017 (86) “place of supply” means the place of supply as referred to in Chapter V of the integrated Goods and Services Tax Act, 2017 ; (87) “prescribed” means prescribed by rules made under this Act on the recommendations of the Council ; (88) “principal” means a person on whose behalf an agent carries on the business of supply or receipt of goods or services or both; (89) “principal place of business” means the place of business specified as the principal place of business in the certificate of registration ; (90) “principal supply” means the supply of goods or services which constitutes the predominant element of a composite supply and to which any other supply forming part of that composite supply is ancillary ; (91) “proper officer” in relation to any function to be performed under this Act, means the Commissioner or the officer of the State tax who is assigned that function by the Commissioner ; (92) “quarter” shall mean a period comprising three consecutive calendar months, ending on the last day of March, June, September and December of a calendar year ; (93) “recipient” of supply of goods or services or both, means — (a) where a consideration is payable for the supply of goods or services or both, the person who is liable to pay that consideration ; (b) where no consideration is payable for the supply of goods, the person to whom the goods are delivered or made available, or to whom possession or use of the goods is given or made available ; and (c) where no consideration is payable for the supply of a service, the person to whom the service is rendered, and any reference to a person to whom a supply is made shall be construed as a reference to the recipient of the supply and shall include an agent acting as such on behalf of the recipient in relation to the goods or services or both supplied ; 22 [The Uttar Pradesh Goods and Services Tax Act, 2017] (94) “registered person” means a person who is registered under section 25 but does not include a person having a Unique Identity Number. (95) “regulations” means the regulations made by the Government under this Act on the recommendations of the Council ; (96) “removal” in relation to goods, means — (a) dispatch of the goods for delivery by the supplier thereof or by any other person acting on behalf of such supplier ; or (b) collection of the goods by the recipient thereof or by any other person acting on behalf of such recipient ; (97) “return” means any return prescribed or otherwise required to be furnished by or under this Act or the rules made thereunder ; Act no. 13 of 2017 (98) “reverse charge” means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017 ; (99) “Revisional Authority” means an authority appointed or authorized for revision of decision or orders as referred to in section 108 ; (100) “Schedule” means a Schedule appended to this Act ; Act no. 42 of 1956 (101) “securities” shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 ; (102) “services” means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged ; 1[(102A) specified actionable claim" means the actionable claim involved in or by way of- (i) betting; (ii) casinos; (iii) gambling; (iv) horse racing; (v) lottery; or (vi)online money gaming;] 2[Explanation —For the removal of doubts, it is hereby clarified that the expression “services” includes facilitating or arranging transactions in securities. ] (103) “State” means the State of Uttar Pradesh ; (104) “State tax” means the tax levied under this Act ; (105) “supplier” in relation to any goods or services or both, shall mean the person supplying the said goods or services or both and shall include an agent acting as such on behalf of such supplier in relation to the goods or services or both supplied ; 1. Ins. by sec. 2(b) of U.P. Act No. 19 of 2023. 2. Ins. by sec. 2 (g) of U. P. Act no. 45 of 2018. 24 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] 1[Provided that a person who organises or arranges, directly or indirectly, supply of specified actionable claims, including a person who owns, operates or manages digital or electronic platform for such supply, shall be deemed to be a supplier of such actionable claims, whether such actionable claims are supplied by him or through him and whether consideration in money or money's worth, including virtual digital assets, for supply of such actionable claims is paid or conveyed to him or through him or placed at his disposal in any manner, and all the provisions of this Act shall apply to such supplier of specified actionable claims, as if he is the supplier liable to pay the tax in relation to the supply of such actionable claims;] (106) “tax period” means the period for which the return is required to be furnished ; (107) “Taxable person” means a person who is registered or liable to be registered under section 22 or section 24 ; (108) “Taxable supply” means a supply of goods or services or both which is leviable to tax under this Act ; (109) “taxable territory” means the territory to which the provisions of this Act supply ; (110) “telecommunication service” means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means ; Act no. 12 of 2017 (111) “the Central Goods and Services Tax Act” means the Central Goods and Services Tax Act, 2017 ; (112) “turnover in State” or “turnover in Union territory” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter-State supplies of goods or services or both made from the State or Union territory by the said taxable person but excludes central tax, state tax, Union territory tax, integrated tax and cess ; (113) “usual place of residence” means — (a) in case of an individual, the place where he ordinarily resides ; (b) in other cases, the place where the person is incorporated or otherwise legally constituted ; (114) “Union territory” means the territory of, — (a) the Andaman and Nicobar Islands ; 1. Ins. by sec. 2(c) of U.P. Act No. 19 of 2023. 26 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] (b) Lakshadweep ; 1[(c) Dadra and Nagar Haveli and Daman and Diu; (d) Ladakh; ] (e) Chandigarh ; and (f) other territory ; Act no. 14 of 2017 Explanation— For the purposes of this Act, each of the territories specified in sub-clauses (a) to (f) shall be considered to be a separate Union territory. (115) “Union territory tax” means the Union territory goods and services tax levied under the Union Territory Goods and Services Tax Act, 2017 ; Act no. 14 of 2017 (116) “Union Territory Goods and Services Tax Act” means the Union Territory Goods and Services Tax Act, 2017 ; 2[(116A) “unique identification marking” means the unique identification marking referred to in clause (b) of sub-section (2) of Section 148A and includes a digital stamp, digital mark or any other similar marking, which is unique, secure and non-removable;] (117) “valid return” means a return furnished under sub- section (1) of section 39 on which self-assessed tax has been paid in full ; 3[(117A) "virtual digital asset" shall have the same meaning as assigned to it in clause (47A) of section 2 of the Income-tax Act, 1961;]. (118) “voucher” means an instrument where there is an obligation to accept it as consideration or part consideration for a supply of goods or services or both and where the goods or services or both to be supplied or the identities of their potential suppliers are either indicated on the instrument itself or in related documentation, including the terms and conditions of use of such instrument ; (119) “works contract” means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract ; Act no. 13 of 2017 Act no. 12 of 2017 Act no. 14 of 2017 Act no. 15 of 2017 (120) words and expressions used and not defined in this Act but defined in the Integrated Goods and Services Tax Act, 2017 the Central Goods and Services Tax Act, 2017 the Union Territory Goods and Services Tax Act, 2017 and the Goods and Services Tax (Compensation to States) Act, 2017 shall have the same meanings as assigned to them in those Acts. 1. Subs. by sec. 2 of U.P. Act No. 24 of 2020. 2. Ins. by 2(iii) of U.P. Act No. 8 of 2025. 3. Subs. by sec. 2(d) of U.P. Act No. 19 of 2023. 28 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] CHAPTER II ADMINISTRATION Officer under this Act 3. The Government shall, by notification, appoint the following classes of officers for the purposes of this Act, namely :— (a) Principal Commissioner, Chief Commissioner or Commissioner of State tax, (b) Special Commissioners of State tax, (c) Additional Commissioners of State tax, (d) Joint Commissioners of State tax, (e) Deputy Commissioners of State tax, (f) Assistant Commissioners of State tax, U. P. Act no. 5 of 2008 (g) State tax officers, and (h) any other class of officers as it may deem fit : Provided that, the officers appointed under the Uttar Pradesh Value Added Tax Act, 2008 shall be deemed to be the officers appointed under the provisions of this Act. Appointment of officers 4. (1) The Government may, in addition to the officers as may be notified under section 3, appoint such persons as it may think fit to be the officers under this Act. (2) The Commissioner shall have jurisdiction over the whole of the State, the Special Commissioner and an Additional Commissioner in respect of all or any of the functions assigned to them, shall have jurisdiction over the whole of the State or where the State Government so directs, over any local area thereof, and all other officers shall, subject to such conditions as may be specified, have jurisdiction over the whole of the State or over such local areas as the Commissioner may, by order, specify. Power of officers 5. (1) Subject to such conditions and limitations as the Commissioner may impose, an officer of State tax may exercise the powers and discharge the duties conferred or imposed on him under this Act. (2) An officer of State tax may exercise the powers and discharge the duties conferred or imposed under this Act on any other officer of State tax who is subordinate to him. (3) The Commissioner may, subject to such conditions and limitations as may be specified in this behalf by him delegate his powers to any other officer who is subordinate to him. (4) Notwithstanding anything contained in this section, an Appellate Authority shall not exercise the powers and discharge the duties conferred or imposed on any other officer of State tax. Authorization of officers of central tax as proper officer in certain circumstances 6. (1) Without prejudice to the provisions of this Act, the officers appointed under the Central Goods and Services Tax Act, 2017 as authorized to be the proper officers for the purpose 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),— 30 [The Uttar Pradesh Goods and Services Tax Act, 2017] Act No. 12 of 2017 (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, 2017 as authorized by the said Act under intimation to the jurisdictional officer of central tax ; Act No. 12 of 2017 (b) where a proper officer under the Central Goods and Services Tax Act, 2017 has initiates any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under this Act on the same subject matter. Act No. 12 of 2017 (3) Any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by an officer appointed under this Act, shall not lie before an officer appointed under the Central Goods and Services Tax Act, 2017. CHAPTER III LEVY AND COLLECTION OF TAX Scope of supply 7. (1) For the purposes of this Act, the expression “supply” includes — (a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, license, rental lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business ; 1[(aa) the activities or transactions by a person other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable consideration. Explanation :–For the purposes of this clause, it is hereby clarified that, notwithstanding anything contained in any other law for the time being in force or any judgment, decree or order of any Court, Tribunal or Authority, the person and its members or constituents shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another;] (b) import of services for a consideration whether or not in the course or furtherance of business 2[and] ; (c) the activities specified in Schedule I, made or agreed to be made without a consideration ; 3[ x x ] (d) 4[ x x x ] 5[(1-A) where certain activities or transactions constitute a supply in accordance with the provisions of sub-section (1), they shall be treated either as supply of goods or supply of services as referred to in Schedule II. ; ] 1. Ins. by sec. 2 of U.P. Act no. 40 of 2021. (shall be deemed to have been inserted with effect from the 1stday of July 2017). 2. Ins. by Sec. 3(a) (i) of U. P. Act no. 45 of 2018. (shall deemed to have been inserted on 1st July, 2017) 3. Omit. by Sec. 3(a) (ii) of U. P. Act no. 45 of 2018. (shall deemed to have been omitted on1st July, 2017) 4. Omit. by sec. 3(a) (iii) of U. P. Act no. 45 of 2018. (shall deemed to have been omitted on July 1, 2017) 5. Ins. by sec. 3(b) of U. P. Act no. 45 of 2018. (deemed to have been inserted on July 1, 2017) 32 —————————————————————————————————————————— [The Uttar Pradesh Goods and Services Tax Act, 2017] (2) Notwithstanding anything contained in sub-section (1), — (a) activities or transactions specified in Schedule III ; or (b) such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council ; shall be treated neither as a supply of goods nor a supply of services. (3) Subject to the provisions of 1[sub-section (1), (1-A) and (2)] the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as — (a) a supply of goods and not as a supply of services ; or (b) a supply of services and not as a supply of goods. Tax liability on composite and mixed supplies 8. The tax liability or a composite or a mixed supply shall be determined in the following manner, namely :— (a) a composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply ; and (b) a mixed supply comprising two or more supplies shall be treats as a supply of that particular supply which attracts the highest rate of tax. Levy and collection 9. (1) Subject to the provisions of sub-section (2), there shall be levied a tax called the Uttar Pradesh goods and services tax on all intra- State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption 2[and un-denatured extra neutral alcohol or rectified spirit used for manufacture of alcoholic liquor, for human consumption] on the may be notified by the Government on the recommendations of the Council and collected in such manner as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person. (2) The State tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel, shall be levied with effect from such date as may be notified by the Government on the recommendations of the Council. (3) The Government may, on the recommendation of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. 1. Subs. by sec. 3(c) of U. P. Act no. 45 of 2018. (deemed to have substituted on July 1, 2017). 2. Ins. by sec. 2 o
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