Panaji, 11th January, 2018 (Pausa 21, 1939) SERIES I No. 41

1 1909 panaji , 11th january , 2018 ( pausa 21 , 1939) SERIES I No. 41 Reg. No. G-2/RNP/GOA/32/ 2018 -20 RNI No. GOAENG/2002/6410 PUBLISHED BY AUTHORITYGOVERNMENT OF GOAD epartment of FinanceOffice of the Commissioner of Commercial Taxes Trade Circular(No. 4 of 2017-18)CCT/26-2/2017-18/4618 Read:- (1)Trade Circular No. 1 of 2017-18dated 14th September, 2017 issuedby the Commissioner of CommercialTaxes and published in the OfficialSuggestions are welcomed on e-mail: dir SERIES I No. 25 dated 21stSeptember, 2017.(2)Trade Circular No. 2 of 2017-18dated 31st October, 2017 issued bythe Commissioner of CommercialTaxes and published in the OfficialGazette, SERIES I No. 31 dated 2ndNovember, 2017.(3) Trade Circular No. 3 of 2017-18 dated29th November, issued by theCommissioner of Commercial Taxesand published in the Official Gazette,Department Notification/ CCT/26-2/2017-18/4618 Clarification of Trade Circular No.

2 I of 2017-181909 Commissioner b. Debt Management 6-26-2015-FINA mendment to the Guarantees Redemption Fund1911 Additional Secretary(DMU)/86 Scheme. c. do 6-26-2015-FINA mendment to the Consolidated Sinking Fund1911(DMU)/87 2/51/TRG/SDCT/Pattern of Assistance for Institute Managing1912 Dte. of Skill Development2014/Vol-II/3213 Committee Society, panaji Government EnterpreneurshipDir & ex officio Jt. & 10/8/2017-LA/183(n)Union Territory Goods and Services Tax Act, Raj & 17/142/DP-Acct/GrantThe Goa (Grant of Financial Assistance to Econo-1926 Developmentof Fin/Asst. Schememically Weaker Panchayats for strengtheningDir & ex officio Jt. Secretarytheir Administration) Scheme, 11/3/2013-PER/059 Creation of Under Secretary b. do 1/13/2005-PERRR Directorate of 16/29/2016-RD/35 The Goa Land Revenue (Partition of Holdings)1929 Under Secretary(Amendment) Rules, & Country PlanningNot.

3 21/1/TCP(A)/2015-18/The Goa Land Development and Building Construc-1931 Secretary/Sterring Committee/19tion (Amendment) Regulations, & Child 2-950-AADHAAR-2017 Authentication or proof requirement for Laadli1935 Dir & ex officio Jt. SecretaryDW&CD/6627 Laxmi and Griha Aadhar Schemes. b. do 2-176-2011/ICDS/DWCDA uthentication or proof requirement for Mamta1935 (MAMTA)/Part Port Trust RR. Mormugao Port is one Extraordinary issue to the Official Gazette, SERIES I No. 40 dated 4-1- 2018 namely, Extraordinary dated10-1- 2018 from pages 1907 to 1908 from Department of Mines, Notification No. DMG/SCHEME/LOAN/PART-III/3370regarding extention of validity date of GAZETTE GOVT. OF GOASERIES I No. 4111TH january , 20181910 SERIES I No. 35 dated 30th November, clarifications are being soughton Trade Circular No.

4 1 of 2017-18 dated14-09-2017, in view of the Office Memorandumbearing No. 28011/03/2014-ST-II dated07-11-2017 issued by Ministry of Finance,Government of India. In this regard the matteris examined and clarified as under: 1. It was clarified very clearly in para 9of the Trade Circular No. 1 of 2017-18 dated14-09-2017, that dealers including workscontractors, dealers undertaking manufactureof goods other than the goods defined in clause(d) of section 2 of the Central Sales Tax Act,1956 (hereinafter called as the CST Act ),dealers undertaking generation and/ordistribution of electricity/other form of powerand dealers undertaking mining ormaintaining telecommunication network areno more eligible to make inter-State purchaseof the non-GST goods including High SpeedDiesel (HSD) against Form C for the simplereason that they are no more eligible forregistration under the CST The rate of tax prescribed in sub-section(1)

5 Of section 8 of the CST Act is applicableonly to a dealer registered under the CST Actin respect of inter-State purchase of goods asdescribed in sub-section (3) of section Thus, the primary qualifying conditionfor availing the rate of tax prescribed undersub-section (1) of section 8 is registrationunder the CST Act. Consequent uponmigration to the GST regime, the registrationgranted earlier under the CST Act becameautomatically invalid with effect New registration can be granted undersub-section (1) of section 7 of the CST Act onlyif a dealer is liable to pay tax on account ofinter-State sales of the goods enumerated inclause (d) of section 2 of the CST Act. Similarly,registration can also be granted to dealerswho are liable to pay tax under the Goa ValueAdded Tax Act, 2005.

6 Under no othercircumstances, grant of registration can Without registration, making inter-Statepurchase by availing the concessional rateprescribed under sub-section (1) of section 8is not The recent clarification issued byGovernment of India vide Office MemorandumNo. 28011/03/2014-ST-II dated 07-11-2017merely reiterates that the meaning of goods as appearing in clause (b) of sub-section (3) ofsection 8 shall have the same meaning asassigned to it in clause (d) of section 2 of theCST Act. In other words, the reference to goods as appearing in section 8 (3) (b) of theCST Act means only those six goods as definedin section 2 (d) of the CST Act. It means thatgoods other than the six goods are not goodsunder the CST In the said OM, it is also clarified that therestricted definition of goods as appearing inclause (d) of section 2 does not affect theapplicability of clause (b) of sub-section (3) ofsection 8 of the CST Act relating totelecommunication network or mining orgeneration or distribution of electricity or anyform of power.

7 On the other hand, the saidclarification does not dispense with therequirement of registration under the Act foravailing the rate prescribed in sub-section (1)of section 8. It is reiterated that registrationunder the Act is the primary condition fora dealer to avail the rate prescribed in section8 (1). Therefore, the dealers who are no moreliable to pay tax under the CST Act or underthe Goa Value Added Tax Act, 2005 cannotbe considered for grant of , they cannot make inter-Statepurchase of any of the six goods againstForm , it is hereby re-iterated that all theinstructions contained in the Trade CircularNo. 1 of 2017-18 dated 14-09-2017 andmodifications carried out thereto vide TradeCircular No. 2 of 2017-18 dated 31-10-2017and Trade Circular No.

8 3 of 2017-18 dated29-11-2017 stand intact even after issue of theabove said clarification by Government GAZETTE GOVT. OF GOASERIES I No. 4111TH january , 20181911 This issues with the approval of M. Bandekar, Commissioner ofCommercial , 4th january , 2018 . Debt Management Division Notification6/26/2015-FIN (DMU)/86 Read:- Notification No. 6/26/2015-FIN (DMU)dated 25-11-2015 published in the OfficialGazette, SERIES I No. 37 dated :- Amendments to the Scheme for Consti-tution and Administration of GuaranteesRedemption Fund of Government of pursuance to the consultation with theReserve Bank of India, the Government of Goais pleased to make the following amendmentsto the Guarantees Redemption FundScheme of the Government of Goa(hereinafter referred to as the Scheme ) asnotified vide Notification of even number dated25-11-2015 read above, (i) Amendment to clause 3 of the scheme.

9 In clause 3 of the scheme, sub-clause (a)of the Explanation shall be substituted asfollows, viz. (a) The accumulations in the Fund shall beutilised only towards the payment of theguarantees issued by the Government andinvoked by the beneficiary and not paid bythe institution on whose behalf guaranteewas issued:Provided that the net incremental annualinvestment of States ( outstanding balanceover and above the level in the correspondingperiod of the previous year) shall be eligiblefor availing Special Drawing Facility (SDF) fromthe Reserve Bank of India (hereinafter referredto as the Bank) .(ii) Amendment to clause 8 of the Scheme. Clause 8 of the scheme shall be substitutedas follows, viz. 8. Investment of the corpus of theFund. The accretions to the Fund shall beinvested in Government of India DatedSecurities, Treasury Bills, Special Securitiesof the GoI and State Development Loans ofother States of such maturities as the Bankmay determine from time to time inconsultation with the Government.

10 TheBank shall make available the securities forinvestment by acquiring the securities fromthe secondary market, without loading anycharge other than that indicated inparagraph order and in the name of the Governorof M. D Souza, Additional Secretary(Finance).Porvorim, 5th january , 2018 . Notification6/26/2015-FIN(DMU)/87 Read:-Notification No. 6/26/2015-FIN (DMU)dated 25-11-2015 published in theOfficial Gazette, SERIES I No. 37 :-Amendments to the Scheme for Con-stitution and Administration of Consoli-dated Sinking Fund of Government of pursuance to the consultation with theReserve Bank of India, the Government of Goais pleased to make the following amendmentsto the Consolidated Sinking Fund Scheme of the Government of Goa (hereinafter referredto as the Scheme ) as notified videNotification of even number dated 25-11-2015read above, (i) Amendment to clause 4 of the scheme.