Union Territory Tax Notification (Rate) 02/2019 – To give composition scheme for supplier of services with a tax rate of 6% having annual turn over in preceding year upto Rs 50 lakhs


Union Territory Tax Notifications (Rate)

UTGST Notification rate 02/2019

Title To give composition scheme for supplier of services with a tax rate of 6% having annual turn over in preceding year upto Rs 50 lakhs
Number 02/2019
Date 07-03-2019
PDF Download

1) In exercise of the powers conferred by sub-section (1) of section 7,subsection
(1) of section 8
, clause (v) of section 21 of the Union Territory Goods and
Services Tax Act, 2017 (14 of 2017)
, read with sub-section (1) of section 16 of
the Central Goods and Services Tax Act, 2017 (12 of 2017)
(herein after
referred to as the “said Act”), the Central Government, on the recommendations
of the Council, and on being satisfied that it is necessary in the public
interest so to do, hereby notifies that the Union Territory Tax, on the
intra-State supply of goods or services or both as specified in column (1) of
the Table below, shall be levied at the rate specified in the corresponding
entry in column (2), subject to the conditions as specified in the
corresponding entry in column (3) of the said table below, namely:-

Description of supply Rate(percent.) Conditions
(1) (2) (3)
First supplies of goods or services
or both upto an aggregate
turnover of fifty lakh rupees made
on or after the 1st day of April in
any financial year, by a registered
person.
3

1.Supplies are made by a registered person, –

  1. whose aggregate turnover in the preceding
    financial year was fifty lakh rupees or below;
  2. who is not eligible to pay tax under sub-section
    (1) of section 10 of the said Act;
  3. who is not engaged in making any supply which
    is not leviable to tax under the said Act;
  4. who is not engaged in making any inter-State
    outward supply;
  5. who is neither a casual taxable person nor a nonresident
    taxable person;
  6. who is not engaged in making any supply
    through an electronic commerce operator who is
    required to collect tax at source under section 52; and
  7. who is not engaged in making supplies of the
    goods, the description of which is specified in column
    (3) of the Annexure below and falling under the tariff
    item, sub-heading, heading or Chapter, as the case may
    be, as specified in the corresponding entry in column (2)
    of the said annexure.

2.Where more than one registered persons are having the
same Permanent Account Number, issued under the
Income Tax Act, 1961(43 of 1961), union territory tax
on supplies by all such registered persons is paid at the
rate specified in column (2) under this notification.

3. The registered person shall not collect any tax from
the recipient on supplies made by him nor shall he be
entitled to any credit of input tax.

4. The registered person shall issue, instead of tax
invoice, a bill of supply as referred to in clause (c) of
sub-section (3) of section 31 of the said Act with
particulars as prescribed in rule 49 of Central Goods and
Services Tax Rules.

5. The registered person shall mention the following
words at the top of the bill of supply, namely: – ‘taxable
person paying tax in terms ofnotification No. 2/2019-
Union Territory Tax (Rate) dated 07.03.2019, not
eligible to collect tax on supplies’.

6. The registered person opting to pay union territory tax
at the rate of three percent under this notification shall
be liable to pay union territory tax at the rate of three
percent on all outward supplies specified in column (1)
notwithstanding any other notification issued under subsection
(1) of section 9 or under section 11 of said Act.

7. The registered person opting to pay union territory tax
at the rate of three percent under this notification shall
be liable to pay union territory tax on inward supplies
on which he is liable to pay tax under sub-section (3) or,
as the case may be, under sub-section (4) of section 9 of
said Act at the applicable rates.

Explanation.-For the purposes of this notification, the
expression “first supplies of goods or services or both”
shall, for the purposes of determining eligibility of a
person to pay tax under this notification, include the
supplies from the first day of April of a financial year to
the date from which he becomes liable for registration
under the said Act but for the purpose of determination
of tax payable under this notification shall not include the supplies from the first day of April of a financial year
to the date from which he becomes liable for registration
under the Act.

ANNEXURE

Sl. No. Tariff item, subheading,heading or Chapter Description
(1) (2) (3)
1 2105 00 00 Ice cream and other edible ice, whether or not containing cocoa.
2 2106 90 20 Pan masala
3 24 All goods, i.e. Tobacco and manufactured tobacco substitutes

2) In computing aggregate turnover in order to determine eligibility of a
registered person to pay union territory tax at the rate of three percent under
this notification, value of supply of exempt services by way of extending
deposits, loans or advances in so far as the consideration is represented by
way of interest or discount, shall not be taken into account.

3) Explanation. – For the purpose of this notification, –

(i) “tariff
item”, “sub-heading”, “heading” and “chapter” shall mean respectively a tariff
item, sub-heading, heading and chapters specified in the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975).

(ii) the rules for the interpretation of the First Schedule to the said
Customs Tariff Act, 1975 (51
of 1975), including the Section and Chapter Notes and the General Explanatory
Notes of the First Schedule shall, so far as may be, apply to the
interpretation of this notification.

4) This notification shall come into force on the 1 stday of April, 2019.

Discover more from GSTZen

Subscribe now to keep reading and get access to the full archive.

Continue reading