Uttarakhand Goods and Services Tax Act, 2017
No: 6 Dated: May, 26 2017
UTTARAKHAND 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 State of Uttarakhand and the matters connected therewith or incidental thereto
Be it enacted by Legislature of Uttarakhand in the Sixty-eighth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Uttarakhand Goods and Services Tax Act, 2017.
(2) It extends to the whole of the Uttarakhand
(3) It 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. Definitions. - 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, (4 of 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;
(4) "adjudicating authority" means any authority, appointed or authorised 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, [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 other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another;
(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 authorised to hear appeals as referred to in section 107;
(9) "Appellate Tribunal" means the Goods and Services Tax Appellate Tribunal reffered to in section 109;
(10) "appointed day" means the date on which the provisions of this Act shall come into force;
(11) "assessment" means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgement assessment;
(12) "associated enterprises" shall have the same meaning as assigned to it in section 92A of the Income-tax Act, 1961, (43 of 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 thereunder 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 thereunder;
(14) "authorised bank" shall mean a bank or a branch of a bank authorised by the Central Government to collect the tax or any other amount payable under this Act;
(15) "authorised representative" means the representative as referred to under section 116;
(16) "Board" means the [Central Board of Indirect Taxes and Customs] constituted under the Central Boards of Revenue Act, 1963, (54 of 1963);