Amendment status not verified — confirm the current text below against the official source.
In the Kerala General Sales Tax Act, 1963 (15 of 1963),-- (1) in section 17,-- (a) for the fourth proviso to sub-section (6), the following proviso shall be substituted, namely:-- "Provided also that the assessment relating to the years up to and including the year 2003-04 pending as on 31st March, 2008 shall be completed on or before the 31st day of March, 2009."; (b) in sub-section (8),-- (i) for the first proviso, the following proviso shall be substituted, namely:-- "Provided that all such assessments or re-assessments pending as on 31st day of March, 2008 shall be completed on or before the 31st day of March, 2009."; (ii) for the third proviso, the following proviso shall be substituted, namely:-- "Provided also that all such modified assessments or modified reassessments or remanded assessments pending as on the 31st day of March, 2008 shall be completed on or before the 31st day of March, 2009."; (2) in section 17D, in clause (E) of sub-section (2), the following shall be added at the end, namely:-- "and in cases where the returns are not acceptable, the following criteria may be adopted for determining their tax liability namely:-- (i) in case where the dealer had compounded the offence under section 47, or penalty under section 45A or section 29A has been levied, the assessment may be completed on an addition proportionate to the period of suppression with reference to the quantum of suppression detected, limiting the tax effect on such addition to a maximum of three times of the compounding fee paid or tax effect of suppression detected, whichever is higher, and in case where a pattern of suppression has not been established, to an amount equal to the suppression detected. (ii) in case where tax evaded cannot be quantified, the assessment may be completed on an addition equal to five per cent of the taxable turnover conceded by the dealer as per his returns or accounts, subject to tax effect of a minimum of five thousand rupees and a maximum of one lakh rupees. (iii) in case where statutory forms and/declarations in support of a claim of concessional rate of tax or exemption have not been filed or are partially filed, or where the forms have been misused, the assessment may be completed by disallowing such claims, to the extent of the defect in such forms, assessing it under this Act. (iv) in case of contracts where option for compounding under the provision contained in section 7 of this Act, as it then existed have been filed, and where returns and tax deduction certificate issued by the awarder have been produced, assessment may be completed accepting the awarder's certificate. (v) in case of contracts in respect of which tax is paid under section 5 of this Act, and where returns and statement of accounts have been filed, but the returns are found to be incorrect or incomplete, assessments may be completed determining additional tax payable at twenty per cent of the tax payable subject to a minimum of ten thousand rupees: Provided that the amnesty scheme envisaged in section 23B shall also be applicable to assessment completed as per this section."; (3) after section 23AA, the following section shall be inserted, namely:-- "23B. Reduction of arrears in certain cases.-- (1) Notwithstanding anything contained in this Act, or in any Judgement, decree or order of any court, tribunal or appellate authority, an assessee who is in arrears of tax or any other amount due under the Act relating to the period ending on 31st March, 2005, may opt for settling the arrears by availing reduction at the following rates: (a) in the case of demands relating to the periods up to and including 31st March, 1991, a reduction of twenty five per cent for the tax amount, and complete reduction of the interest on the tax amount and for the amount of penalty and interest thereon; (b) in the case of demands relating to the period from 1st April, 1991 to 31st March, 1996, a complete reduction of the interest on the tax amount, and for the amount of penalty and interest thereon; (c) in the case of demands relating to the period from 1st April, 1996 to 31st March, 2000, a reduction of ninety five per cent of the interest on the tax amount, and for the amount of penalty and interest thereon; (d) in the case of demands relating to the period from 1st April, 2000 to 31st March, 2005, a reduction of ninety per cent of the interest on the tax amount, and for the amount of penalty and interest thereon; and (e) in cases where principal amount has already been remitted prior to coming into force of section 55C of the Act, a reduction of ninety per cent of the interest amount. (2) Notwithstanding anything contained in the Kerala Revenue Recovery Act, 1968, reduction of arrears under sub-section (1) shall be applicable to those cases in which revenue recovery proceedings have been initiated and the assessing authorities shall have the power to collect such amounts on settlement under sub-section (1) and where the amount is settled under subjection (1) the assessing authorities shall withdraw the revenue recovery proceedings against such dealers which will then be binding on the revenue authorities and such dealers shall not be liable for payment of any collection charges. (3) A dealer who wishes to opt for payment of arrears under sub-section (1) shall make an application to the assessing authority in the prescribed form before 30th September, 2008, or on such date as may be notified by the Government. (4) On receipt of an application under sub-section (3), the assessing authority shall workout the actual amount of tax and other amounts due from the dealer under sub-section (1) and shall intimate the amount to the dealer, and thereupon the dealer shall remit twenty five per cent of the amount within 15 days of receipt of the intimation, and the balance amount in three equal monthly instalments starting from the subsequent month. (5) If the dealer commits any default in payment of the instalments, the reduction granted under sub-section (1) is liable to be revoked. (6) No action under sub-section (5) shall be taken without giving notice to the dealer. (7) If the amount settled under this provision has been a subject matter of appeal or revision, such appeal and revision may be continued and if the final orders of such appeal or revision results in the reduction of tax payable under this Act, the amount so reduced shall be refunded. But if, as the result of such appeal or revision, the tax payable under this Act is enhanced, the dealer shall pay such enhanced amount, with interest thereon, in accordance with the provisions of this Act."; (4) in section 34, in sub-section (1),-- (a) after the words, brackets and figures "under sub-section (6) or sub-section (7) of section 14" the words, figure and letter "under section 14 A" shall be inserted; (b) after the words and figure "under section 43" the words, figure and letter "and section 45A" shall be inserted.