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 2,-- (i) clause (i) shall be omitted; (ii) in clause (xvii), the words "and includes ethanol blended petrol" shall be added at the end; (2) in section 3,-- (i) in sub-section (2), the words "Appellate Assistant Commissioners" shall be omitted; (ii) the proviso to sub-section (3) shall be omitted; (3) in section 17,-- (i) for the fourth proviso to sub-section (6), the following proviso and explanation shall be substituted, namely:-- "Provided also that the assessment relating to the years up to and including the year 2004-05 pending as on 31st March, 2009 shall be completed on or before the 31st day of March, 2010. Explanation:-- For the purpose of the above proviso, it is clarified that the extension of time granted for completion of assessments is applicable in all cases where regular assessments have not been completed before the date fixed for completion of assessment in the respective years."; (ii) in sub-section (8),-- (a) for the first proviso, the following proviso shall be substituted, namely.-- "Provided that all such assessments or re-assessments pending as on 31st March, 2009 shall be completed on or before 31st March, 2010."; (b) 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 31st March, 2009 shall be completed on or before 31st March, 2010."; (4) after section 23B, the following section shall be inserted, namely:-- "23BA. Reduction of arrears in respect of Public Sector Undertakings and Co-operative Societies.-- (1) Notwithstanding anything contained in this Act, or in any judgment, decree or order of any court, tribunal or appellate authority, an assessee which is a Public Sector Undertaking or a Co-operative Society and which is in arrears of tax or any other amount due under this Act relating to the period ending on 31st March, 2005, may opt for settling the arrears by availing reduction at the following rates:-- (a) a complete reduction of the interest on the tax amount and for the amount of penalty and interest thereon; and (b) in the case of Public Sector Undertakings or Co-operative Societies which are running in profit, reduction in fifty per cent of the principal amount; and (c) in the case of Public Sector Undertakings or Co-operative Societies which are running at loss, reduction in seventy-five per cent of the principal amount: Provided that Public Sector Undertakings or Co-operative Societies, the landed properties of which are likely to be sold in execution of any judgment, decree or order of any court, tribunal or other authority shall not be eligible to opt under this scheme. (2) A Public Sector Undertaking or a Co-operative Society which 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, 2009, or on such date as may be notified by the Government. (3) On receipt of an application under sub-section (2), the assessing authority shall verify the same and shall intimate the amount to the assessee, and thereupon they 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. (4) If the assessee commits any default in payment of the instalments, the reduction allowed under sub-section (1) is liable to be revoked. (5) No action under sub-section (4) shall be taken without giving the assessee, an opportunity of being heard. (6) If the amount settled under this provision has been the subject-matter of an appeal or revision, such appeal or 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 assessee shall pay such enhanced amount with interest thereon, in accordance with the provisions of this Act. Note:--For the purpose of this section, Co-operative Society means an Apex Co-operative Society incorporated under the Kerala Co-operative Societies Act, 1969 (Act 21 of 1969) and having Government control."; (5) section 34 shall be omitted; (6) in section 36, in sub-section (1), the words and figures "section 34 or" shall be omitted; (7) in section 37,-- (i) in sub-section (1), the words "other than an Appellate Assistant Commissioner" shall be omitted; (ii) in sub-section (2), the words "the Appellate Assistant Commissioner or" shall be omitted; (8) in section 39,-- (i) for sub-sections (1) and (2), the following sub-sections shall respectively be substituted, namely:-- "(1) Any person objecting to an order affecting him passed by an appropriate authority under sub-section (6) or sub-section (7) of section 14, section 14A, sub-section (2) or sub-section (3) or sub-section (4) or sub-section (4A) of section 17, sub-section (1) or sub-section (2) of section 19, sections 19A, 19B, 19C, 26, 29, 29A, 30, 30A, or an order passed by a lower authority under section 43 and section 45A and any person objecting to an order passed by the Deputy Commissioner under sub-section (1) of section 35, may within a period of sixty days from the date on which the order was served on him in the manner prescribed, appeal against such order to the Appellate Tribunal: Provided that the Appellate Tribunal may admit an appeal after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not presenting the appeal within the said period. (2) All appeals together with the interlocutory applications, if any, pending for disposal before any appellate authority under this Act as on the date of commencement of this provision shall stand transferred to the Appellate Tribunal and the Appellate Tribunal shall consider the same as if it is an appeal filed before it."; (ii) after sub-section (2), the following sub-sections shall be inserted, namely:-- "(2A) No appeal under this section shall be entertained unless at the time of presenting the appeal, the assessee has furnished satisfactory proof of payment of tax due on the turnover admitted by him. (2B) The authority by whom the order appealed against had been passed or any officer empowered by the Government in this behalf, as the case may be, on receipt of notice that an appeal has been preferred under sub-section (1), may file within thirty days of receipt of the notice, a memorandum of cross objections, which shall be considered by the Appellate Tribunal while disposing of the appeal."; (9) in section 45A, in sub-sections (1) and (3), the words "or the Appellate Assistant Commissioner" shall be omitted.