Vidhi Codex

THE UTTARAKHAND GOODS AND SERVICES TAX ACT, 2017

The UTTARAKHAND GST ACT

Tax2017171 sections15 chapters

The Uttarakhand Goods and Services Tax Act, 2017, establishes the legal framework for levying and collecting tax on the intra-State supply of goods and services within Uttarakhand. It replaces previous indirect tax structures to create a unified tax regime. The Act defines taxable events, registration requirements, and procedures for input tax credit, ensuring businesses pay tax based on the value of their supplies. It also outlines administrative powers for tax collection, audit, and enforcement, including penalties for non-compliance. For ordinary citizens, this Act is significant as it governs the tax component of almost every purchase made within the state, impacting prices and business compliance.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II ADMINISTRATION →

  1. 3Officers under this Act
  2. 4Appointment of officers
  3. 5Powers of officers
  4. 6Authorisation of officers of central tax as proper officer in certain circumstances

Chapter III LEVY AND COLLECTION OF TAX →

  1. 7Scope of supply
  2. 8Tax liability on composite and mixed supplies
  3. 9Levy and collection
  4. 10Composition levy
  5. 11Power to grant exemption from tax

Chapter IV TIME AND VALUE OF SUPPLY →

  1. 12Time of supply of goods
  2. 13Time of supply of services
  3. 14Change in rate of tax in respect of supply of goods or services
  4. 15Value of taxable supply

Chapter V INPUT TAX CREDIT →

  1. 16Eligibility and conditions for taking input tax credit
  2. 17Apportionment of credit and blocked credits
  3. 18Availability of credit in special circumstances
  4. 19Taking input tax credit in respect of inputs and capital goods sent for job work
  5. 20Manner of distribution of credit by Input Service Distributor
  6. 21Manner of recovery of credit distributed in excess
  7. 22Persons liable for registration
  8. 27Special provisions relating to casual taxable person and non-resident taxable person
  9. 31Tax invoice
  10. 32Prohibition of unauthorised collection of tax
  11. 33Amount of tax to be indicated in tax invoice and other documents.
  12. 34Credit and debit notes.

Chapter VIII ACCOUNTS AND RECORDS →

  1. 35Accounts and other records
  2. 36Period of retention of accounts
  3. 37Furnishing details of outward supplies
  4. 38Furnishing details of inward supplies
  5. 39Furnishing of returns.
  6. 40First Return.
  7. 41Claim of input tax credit and provisional acceptance thereof.
  8. 42Matching, reversal and reclaim of input tax credit.
  9. 43Matching, reversal and reclaim of reduction in output tax liability
  10. 44Annual return
  11. 45Final return
  12. 46Notice to return defaulters
  13. 47Levy of late fee
  14. 48Goods and services tax practitioners
  15. 49Payment of tax, interest, penalty and other amounts
  16. 49BOrder of utilisation of input tax credit
  17. 50Interest on delayed payment of tax
  18. 51Tax deduction at source
  19. 52Collection of tax at source
  20. 53Transfer of input tax credit

Chapter XI REFUNDS →

  1. 54Refund of tax
  2. 55Refund in certain cases.
  3. 56Interest on delayed refunds.
  4. 57Consumer Welfare Fund.
  5. 58Utilisation of Fund.
  6. 59Self-assessment.
  7. 60Provisional assessment.
  8. 61Scrutiny of returns.
  9. 62Assessment of non-filers of returns.
  10. 63Assessment of unregistered persons.
  11. 64Summary assessment in certain special cases.

Chapter XIII AUDIT →

  1. 65Audit by tax authorities
  2. 66Special audit

Chapter XIV INSPECTION, SEARCH, SEIZURE AND ARREST →

  1. 67Power of inspection, search and seizure
  2. 68Inspection of goods in movement
  3. 69Power to arrest
  4. 70Power to summon persons to give evidence and produce documents
  5. 71Access to business premises
  6. 72Officers to assist proper officers

Chapter XV DEMANDS AND RECOVERY →

  1. 73Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful misstatement or suppression of facts
  2. 74Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful misstatement or suppression of facts
  3. 75General provisions relating to determination of tax
  4. 76Tax collected but not paid to Government
  5. 77Tax wrongfully collected and paid to Central Government or State Government
  6. 78Initiation of recovery proceedings
  7. 79Recovery of tax
  8. 80Payment of tax and other amount in instalments
  9. 81Transfer of property to be void in certain cases
  10. 82Tax to be first charge on property
  11. 83Provisional attachment to protect revenue in certain cases
  12. 84Continuation and validation of certain recovery proceedings

Chapter XVI LIABILITY TO PAY IN CERTAIN CASES →

  1. 85Liability in case of transfer of business
  2. 86Liability of agent and principal
  3. 87Liability in case of amalgamation or merger of companies
  4. 88Liability in case of company in liquidation
  5. 89Liability of directors of private company
  6. 90Liability of partners of firm to pay tax
  7. 91Liability of guardians, trustees etc.
  8. 92Liability of Court of Wards, etc.
  9. 93Special provisions regarding liability to pay tax, interest or penalty in certain cases.
  10. 94Liability in other cases.

Chapter XVII ADVANCE RULING →

  1. 95Definitions.
  2. 96Constitution of Authority for Advance Ruling.
  3. 97Application for advance ruling.
  4. 98Procedure on receipt of application
  5. 99Constitution of Appellate Authority for Advance Ruling
  6. 100Appeal to the Appellate Authority
  7. 101Orders of Appellate Authority
  8. 102Rectification of advance ruling
  9. 103Applicability of advance ruling.
  10. 104Advance ruling to be void in certain circumstances.
  11. 105Powers of Authority, Appellate Authority and National Appellate Authority.
  12. 106Procedure of Authority, Appellate Authority and National Appellate Authority.
  13. 107Appeals to Appellate Authority.
  14. 108Powers of Revisional Authority
  15. 109Appellate Tribunal and Benches thereof
  16. 110President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.
  17. 111Procedure before Appellate Tribunal
  18. 112Appeals to Appellate Tribunal
  19. 113Orders of Appellate Tribunal
  20. 114Financial and administrative powers of State President
  21. 115Interest on refund of amount paid for admission of appeal
  22. 116Appearance by authorised representative.
  23. 117Appeal to High Court.
  24. 118Appeal to Supreme Court.
  25. 119Sums due to be paid notwithstanding appeal etc.
  26. 120Appeal not to be filed in certain cases.
  27. 121Non appealable decisions and orders.

Chapter XIX OFFENCES AND PENALTIES →

  1. 122Penalty for certain offences.
  2. 123Penalty for failure to furnish information return.
  3. 124Fine for failure to furnish statistics.
  4. 125General penalty.
  5. 126General disciplines related to penalty
  6. 127Power to impose penalty in certain cases
  7. 128Power to waive penalty or fee or both
  8. 129Detention, seizure and release of goods and conveyances in transit
  9. 130Confiscation of goods or conveyances and levy of penalty
  10. 131Confiscation or penalty not to interfere with other punishments
  11. 132Punishment for certain offences
  12. 133Liability of officers and certain other persons
  13. 134Cognizance of offences
  14. 135Presumption of culpable mental state
  15. 136Relevancy of statements under certain circumstances
  16. 137Offences by Companies
  17. 138Compounding of offences

Chapter XX TRANSITIONAL PROVISIONS →

  1. 139Migration of existing taxpayers
  2. 140Transitional arrangements for input tax credit.
  3. 141Transitional provisions relating to job work
  4. 142Miscellaneous transitional provisions

Chapter XXI MISCELLANEOUS →

  1. 143Job work procedure
  2. 144Presumption as to documents in certain cases
  3. 145Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence
  4. 146Common Portal
  5. 147Deemed Exports
  6. 148Special procedure for certain processes
  7. 149Goods and services tax compliance rating
  8. 150Obligation to furnish information return.
  9. 151Power to call for information
  10. 152Bar on disclosure of information.
  11. 153Taking assistance from an expert.
  12. 154Power to take samples.
  13. 155Burden of Proof.
  14. 156Persons deemed to be public servants.
  15. 157Protection of action taken under this Act.
  16. 158Disclosure of information by a public servant.
  17. 159Publication of information in respect of persons in certain cases.
  18. 160Assessment proceedings, etc. not to be invalid on certain grounds.
  19. 161Rectification of errors apparent on the face of record.
  20. 162Bar on jurisdiction of civil courts.
  21. 163Levy of fee.
  22. 164Power of Government to make rules.
  23. 165Power to make regulations.
  24. 166Laying of rules, regulations and notifications.
  25. 167Delegation of powers.
  26. 168Power to issue instructions or directions
  27. 169Service of notice in certain circumstances
  28. 170Rounding off of tax etc.
  29. 171Anti-profiteering Measure
  30. 172Removal of difficulties
  31. 173Amendment of certain Acts

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