Amendment status not verified — confirm the current text below against the official source.
In the principal Act, in section 10,- (i) in sub-section (1 ), for clause (b), the following shall be substituted, namely:- "(b) in respect of goods specified in the Fourth Schedule, at the first point of sale of such goods within the State, at the rate or rates specified therein: Explanation 1.- When an Oil Company, as may be specified in the rules, sells any petroleum product other than Crude oil mentioned in the Fourth Schedule to a·nother oil company for the purpose of re-sale by the latter, such inter-se sale between the Oil Companies shall not be deemed to be the first point of sale in the State but the sale by the purchasing oil company to another person not being an oil company, shall be deemed to be the first point of sale in the State for the purpose of 10 ; of tax under this clause which shall be subject to sucn conditions as may be prescribed. The purchasing oil company shall pay tax on the sale of such goods under this Act or under the Central Sales Tax Act, 1956 as the case may be. If, in any case, after purchase of such goods for resale within the State, the Purchasing Oil Company despatches any portion of the goods to a place out side the State except as a direct result of sale or purchase in the course of inter-state trade or commerce, then notwithstanding anything contained in this Act, for that portion of the goods, the Purchasing Oil Company shall be deemed to be the last purchaser within the State and it shall be liable to pay tax on such portion of goods at the rate of four paise in the rupee on the gross turnover of purchases of such goods. The Government may, by notification in the Official Gazette, vary the above rate of tax, from time to time. Explanation 2(i) :- In case of potable liquor mentioned in the Fourth Schedule, except country spirit, the licensee of the bonded warehouse who sells these items to a wholesale licence holder or to a retailer holding 'on' or 'off ' licence, shall be deemed to be the first point seller, irrespective of whether he imports such items from out side the State or he purchases such items from a manufacturer or a bottling unit or another bonded warehouse within the State and he shall be liable to pay tax on the sale price of such items, as defined in clause (44) of section 2 including excise duty, countervailing duty, import fee, transport fee and any other duty or fee, by whatever name called, payable thereon, irrespective of whether such duty is payable by the licensee of the bonded warehouse or the wholesale licence holder or the retail sale licence holder. The retail licence holder while depositing the excise duty shall also deposit the tax payable under this Act into the Government Account in the prescribed manner by a separate challan and hand over one copy of the challan to the bonded warehouse; 917 Central Act74 of 1956 918 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 19, 2005 (ii) in case of country spirit mentioned in the Fourth Schedule, the Officer in-charge of the country spirit warehouse who sells or supplies such items to a licensed retail vendor shall be deemed to be the first point seller who shaH be liable to pay tax on the sale price o'f the item as defined in clause ( 44) of section 2 including excise duty, vend fee, bottling charges and any other duty or fee, by whatever name called, payable thereon. The retail vendor while depositing the cost price and excise duty shall also deposit the tax payable under this Act into the Government Account in the prescribed manner by a separate challan and handover one copy of the challan to the Officer in-charge of such warehouse"; Explanation.3:- A tax on sale of goods specified in the Fourth Schedule, shall be levied and collected on the Maximum Retail Price in respect of such goods for which the Maximum Retail Price has been made as the base of levy against such goods in the said Schedule. For this purpose, where the "Maximum Retail Price" printed on the package of such goods is exclusive of all taxes i.e. "local taxes extra", then the base of levy of tax shall be such "Maximum Retail Price". Where the "Maximum Retail Price" printed on the package of such goods is "inclusive of all taxes", then the base of levy of tax shall be such "Maximum Retail Price" as reduced by the tax element included therein which shall be calculated by applying tax fraction." (iii) for sub-section (3), the following shall be substituted, namely:- "(3)(i) Notwithstanding anything contained in this Act, a tax shall be payable at the rate of one paise in the rupee in respect of all teas sold in auction at Guwahati Tea Auction Centre or any other such Tea Auction Centre constituted by the Government and also in respect of all teas sold through a broker by private arrangement if such teas were lying in the warehouses recognised by such Tea Auction Centre and was for sale through auction : Provided that no tax shall be payable in respect of sale of orthodox tea sold through auction or by private treaty sales as above: Provided further that the Government may, by notification in the Official Gazette, vary such rate of tax, from time to time. (ii) The tax under this sub-section shall be payable by the broker through whom the tea is sold in auction as if such broker were the dealer within the meaning of this Act in respect of the tea so sold and the provisions of this. Act applicable to a dealer shall, so far as may be, apply accordingly. . (iii) A dealer, who purchases tea through such tea auction centre and then sells such tea inside the State, shall be entitled to get set off of the amount of tax paid on purchase, from the amount of tax payable by him on sale under this Act. Explanation 1.- "Auction" means auction held under the auspices of the committee constituted by the Government by means ofnotification and re-constituted from time to time. THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 19, 2005 919 Amendment of section 14. Amendment of section 15. Amendment of section 20. Explanation 2.- "Broker" means a Broker, registered or recognised by the Guwahati Tea Auction Committee or any other such Tea Auction Committee constituted by the Government and registered under this Act. Explanation 3.- For the removal of any doubt, it is clarified that the dealer purchasing tea from such broker shall be entitled to claim input tax credit in accordance with the provisions of this Act, for the tax so paid to the broker. "