Section 17 in THE ASSAM GOODS AND SERVICES TAX (AMENDMENT) ACT, 2019
17. Amendment ofsedion 103
In the principal Act, in section 102, in the opening portion, : -(1)in the first line and fourth line, after the words "Appellate Authority", at both the places where they occur, the words "or the National Appellate Authority" shall be inserted;(2)in the second line, after the words and figures "or section 101 ", the words, figures and letter 4 ' or section 101C of the Central Goods and Services Tax Act, respectively," shall be inserted;(3)in the fifth line, for the words "or the appellant'', the words, "appellant, the Authority or the Appellate Authority" shall be substituted.In the principal Act, in section 103, --(1)after sub-section (1), the following new sub-section shall be inserted, namely:-"(IA) The Advance Ruling pronounced by the National Appellate Authority under this Chapter shall be binding on-(a)the applicants, being distinct persons, who had sought the ruling under sub·section (1) of section 101 B of the Central goods and Services Tax Act and all registered persons having the same Permanent Account Number issued under the Income· tax Act, 1961;(b)the concerned officers and the jurisdictional officers in respect of the applicants referred to in clause (a) and the registered persons having the same Permanent Account Number issued under the Income-tax Act, 1961.";(2)in sub-section (2), after the words, brackets and figure "in sub- section (1)", the words, brackets, figure and letter "and sub- section (lA)" shall be inserted.In the principal Act, in section 104, in sub-section (1),-(1)in the first line, after the words "Authority or the Appellate Authority", the words "or the National Appellate Authority" shall be inserted;(2)in the third line, after the words and figures "of section 101", the words, figures and letter "or under section 101C of the Central Goods and Services Tax Act" shall be inserted.In the pnncipal Act, in section 105,-(1)for the marginal heading, the following marginal heading shall be substituted, namely:-"Powers of Authority, Appellate Authority and National Appellate Authority.";(2)in sub-section ( 1), in the first tine, after the words ..Appellate Authority", the words "or the National Appellate Authority" shall be inserted;(3)in sub-section (2), in the first line and fourth line, after the words "Appellate Authority", the words "or the National Appellate Authority" shall be inserted. In the principal Act, in section 106,-(1)for the marginal heading, the following marginal heading shall be substituted, namely:-"Procedure of Authority, Appellate Authority and National Appellate Authority.";(2)in the first line, after the words "Appellate Authority", the words "or the National Appellate Authority" shall be inserted.Amendment of 21. In the principal Act, in section 171, after sub-section (3), the following new sub-section shall be inserted, namely:- section 171"(3A) Where the Authority referred to in sub-section {2), after holding examination as required under the said sub-section comes to the conclusion that any registered person has profiteered under sub-section ( 1), such person shall be liable to pay penalty equivalent to ten percent of the amount so profiteered:Provided that no penalty shall be leviable if the profiteered amount is deposited within thirty days of the date of passing of the order by the Authority.Explanation.- For the purposes of this section, the expression "profiteered" shall mean the mount detennined on account of not passing the benefit of reduction in rate of tax on supply of goods or services or both or the benefit of input tax credit to the recipient by way of .commensurate reduction in the price of the goods or services or both.''.
