NOTIFICATION NO-26/2018-Union Territory tax(rate), dt. 31-12-2018 Union Territory Tax (Rate)-seeks to exempt Union Territory tax on supply of gold by nominated agencies to registered persons.

[TO BE PUBLISHED IN THE GAZZETE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,

SUB-SECTION (i)]
Government of India
Ministry of Finance
(Department of Revenue)`
Notification No. 26/2018- Union Territory Tax (Rate)

New Delhi, the 31st December, 2018

G.S.R……(E).- In exercise of the powers conferred by sub-section (1) of section 8 of the Unionterritory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government, on being satisfiedthat it is necessary in the public interest so to do, on the recommendations of the Council, herebyexempts the intra-State supply of gold falling in heading 7108 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), when supplied by Nominated Agency under the scheme for “ExportAgainst Supply by Nominated Agency” as referred to in paragraph 4.41 of the Foreign Trade Policy,read with relevant provisions of Chapter 4 of Handbook of Procedures, to registered person (herein referred to as “recipient”), from the whole of the Union territory tax leviable thereon, under section 7of the Union territory Goods and Services Tax Act, 2017, subject to following conditions, namely:-

(i) the Nominated Agency and the recipient shall follow the conditions and observe theprocedures as specified in the Foreign Trade Policy read with Handbook of Procedures;

(ii) the recipient shall export the jewellery made out of such gold within a period of 90 (ninety)days from the date of supply of gold to such recipient and shall provide copy of shipping billor bill of export containing details of Goods and Services Tax Identification Number (GSTIN)alongwith the invoice for exports to the Nominated Agency within a period of 120 (onehundred and twenty) days from the date of supply by the Nominated Agency;

(iii)wherever such proof of export is not produced within the period mentioned in condition (ii),the Nominated Agency shall pay the amount of Union territory tax payable on the quantity ofgold not exported, along with interest from the date when the said tax on such supply waspayable, but for the exemption.

Explanation. – For the purpose of this notification, –
(a) “Foreign Trade Policy ” means the Foreign Trade Policy, 2015-2020, notified by the Governmentof India in the Ministry of Commerce and Industry vide notification No.41/2015-2020, dated the 5thDecember, 2017, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii)vide S.O. 3813, dated the 5th December, 2017;

(b) “Handbook of Procedures” means the Handbook of Procedure, notified by the Government ofIndia in the Ministry of Commerce and Industry vide Public Notice No. 43/2015-2020, dated the 5thDecember 2017, published in the Gazette of India, Extraordinary, Part-I, Section 1, vide F. No.01/94/180/333/AM 15/PC-4, dated the 5th December 2017;

(c) “Nominated Agency” means entities mentioned in List 32 of Notification No. 50/2017-Customs,dated the 30th June 2017 published Gazette of India, Extraordinary, Part-II, Section 3 sub-section(i),vide, number G. S. R. 785 (E), dated the 30th June, 2017;

(d) “Heading” means heading as specified in the First Schedule to the Customs Tariff Act, 1975 (51of 1975)

2. This notification shall come into force on the 1st January, 2019.

[F. No.354/432/2018 -TRU]

(Gunjan Kumar Verma)
Under Secretary to the Government of India

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INPDF:-https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-26-2018-utgst-rate-english.pdf

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