Just effectuating GST was not the end, after covering a journey of 17 years from the inception of the idea to the implementation of GST in the year 2017, there was still a milestone which was to be achieved. On one hand, after a long debate, this Act was passed but on the other, there was still a need for various amendments so as to cover all the loopholes which came up as the Act got implemented all over the country. Here, we at Vyapaar Pundit have tried our best to give you all a brief idea about the GST amendments made till now through this blog.
1. THE CONSTITUTION (ONE HUNDRED AND FIRST AMENDMENT) ACT, 2016
The Constitution (101st) Amendment Act was passed to insert but was not limited to Art 246A, 269A and 279A with respect to GST in the Constitution. Along with this Art 248, 249, 250, 268, 269, 270, 271, 286, 366, 368, 6th and 7th schedules were amended. Also, Art 268A of the Constitution was omitted.
2. THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) ACT, 2017
This Act came into force to compensate for the loss of revenue suffered by the states due to the implementation of GST. It extends to the whole of India and for calculating the compensation which is to be paid by the central government the financial year ending 31st March 2016 is to be taken as the base year. This Act gives power to the central government in certain cases where on the recommendation of the council they can make rules to carry out the provisions of this Act.
3. THE CENTRAL GOODS AND SERVICES TAX ACT, 2017
THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 came into force to govern the levy and collection of tax on the intra-state transfer of goods or services or both by the Central Government. It applies to the whole of India except the State of Jammu and Kashmir. The meaning of Intra-state transfer is defined under section 8 of the Integrated Goods and Services Tax Act.
4. THE INTEGRATED GOODS AND SERVICES TAX ACT, 2017
THE INTEGRATED GOODS AND SERVICES TAX ACT, 2017 came into force to make rules or regulations for the levy and collection of tax on inter-state supply of goods or services or both by the Central government. It extends to the whole of India except the State of Jammu and Kashmir. The term Inter-state transfer is defined under section 7 of the IGST Act.
5. THE UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017
THE UNION TERRITORY GOODS AND SERVICES TAX ACT applies to the Union territories of the Andaman and Nicobar Islands, Dadra and Nagar Haveli, Lakshadweep, Daman and Diu, Chandigarh and other territories. This Act was made to make provisions related to the levy and collection of tax on the intra-state transfer of goods or services or both by the Union territories.
6. THE CENTRAL GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017
This Act was enforced after the special status of Jammu and Kashmir was revoked by the parliament under Article 370 of the Constitution. As a result of this revocation, Jammu and Kashmir is to be treated like any other UTs and so this amendment was passed to omit the word “except the State of Jammu and Kashmir” in the principal Act.
7. THE INTEGRATED GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) ACT, 2017
This Act was enforced after the special status of Jammu and Kashmir was revoked by the parliament under Article 370 of the Constitution. As a result of this revocation, Jammu and Kashmir is to be treated like any other UTs and so this amendment was passed to omit the word “except the State of Jammu and Kashmir” in the principal Act.
8. THE CENTRAL GOODS AND SERVICES TAX (Amendment) ACT, 2017
This Act was brought to make some amendments but was not limited to, sec 10 regarding the composition scheme, sec 22 related to registration, sec 25 for the procedure of registration, sec 49 which states the payment of tax, interest, penalty etc. and one new section was inserted i.e. sec 53A for transfer of certain amounts.
9. THE INTEGRATED GOODS AND SERVICES TAX (Amendment) ACT, 2017
This Act was brought into force to make some amendments to the parent Act which included these amendments but was not limited to: the insertion of a new section 17A for transfer of certain amounts, amendments in section 2 (Definitions) and sec 50 (interest on delayed payment of tax).
10. THE CENTRAL GOODS AND SERVICES TAX (AMENDMENT) ACT, 2018
This act was brought into force to amend some of the provisions of CGST, 2017 and replace them with the Central GST amendment Act, 2018. The major changes are in the definition clause, levy and collection of tax, the scope of supply, composition scheme, time of supply of goods and many more.
11. THE INTEGRATED GOODS AND SERVICES TAX (AMENDMENT) ACT, 2018
The Integrated goods and services tax amendment Act, 2018 was introduced in Lok Sabha by the then finance minister Piyush Goyal. This Act amends provisions related to the reverse charge mechanism, place of supply, apportionment of IGST revenue, and more.
12. THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) AMENDMENT ACT, 2018
The Goods and Services Tax Amendment Act 2018 replaces the previous Act of 2017 and it provides that the states will receive compensation from the center for any loss in revenue they’ll suffer due to the implementation of GST. This Act specifies how to divide any unutilized amount in the compensation fund and what happens when there is a shortfall in the amount.
13. THE UNION TERRITORY GOODS AND SERVICES TAX ACT, (AMENDMENT) 2018
The Union territory goods and services tax Act was passed to make provisions for levying and collection of tax on the intra-state supply of goods and services by Union territories. This amendment Act amends section 7 of the parent act and two new sections were inserted namely 9A and 9B.
14. FINANCE ACT, 2019
Some important amendments were made in the Finance Act of 2019, which became applicable for the financial year 2019-2020. It included these amendments but was not limited to Rebate under section 87A, TDS on interest other than interest on securities under section 194A, increase in the limit of the standard deduction from salary.
15. THE TAXATION AND OTHER LAWS (RELAXATION OF CERTAIN PROVISIONS) ORDINANCE, 2020
This ordinance was promulgated by the President of India to provide relaxation in the provision of certain Acts including the elongation of the time limit in the taxation and in other laws as the taxpayers were unable to meet the statutory and regulatory compliances. This was done in view of the spread of the COVID-19 pandemic causing immense loss of lives of people. Furthermore, this ordinance was passed by the President as the parliament was not in session and the President was satisfied that those circumstances render it necessary to take immediate action.
16. FINANCE ACT, 2020
In the midst of the COVID-19 pandemic, the Indian parliament passed the Finance Act, 2020. Nearly 104 amendments have been made either in the form of omission or amendment to the existing section or insertion of new ones. Some of the major changes were related to tax residency rules for non-citizens, changes in tax for startups, deduction of inter-corporate dividends, the concessional tax regime for individuals and HUF and many more.
CONCLUSION
In this blog, we have tried to cover all the amendment details in brief and if one wants more information for the same, they can refer to the pdf link mentioned at the end of each point. All these amendments were done to get rid of any ambiguity or flaw which was there in the Act. However easy it seems to just make a law and implement it, there are various things which parliament has to take care of while implementing a law, on one hand, it is important to make it flexible so that the Act can be amended easily on the other it should be rigid so as to incorporate only important amendments.
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