Amendment status not verified — confirm the current text below against the official source.
Subs. by section 2(iii) ibid. 283 [The U. P. Sugarcane (Purchase Tax) Act, 1961] [Section 3-A] [Payment of tax before removal of sugar from factory 3-A (1) No owner of a factory shall remove, or cause to be removed any sugar produced in the factory on or after the first. day of October, 1971, hereinafter referred to as the said date, either for consumption or for sale, or for manufacture of any other commodity in or outside the factory, until he has paid be wards the tax levied under section 3 a sum specified under sub- section (2), sub-section (3) or sub- section (4),as the case may be: Provided that such sugar may be deposited without payment of any such sum in a godown or other place of storage approved by the assessing authority and where it is so deposited it shall not be removed there from until the sum as aforesaid has been paid : Provided further that nothing in this sub-section shall be construed to affect the liability of such sugar to sale at the instance of any bank in exercise of its rights as pawnee in respect of any advance made to the owner of the factory on the security of sugar produced or to be produced in the factory. (2) Before the beginning of each crushing season or so soon thereafter as maybe (and in the case of the crushing season beginning on the said date, so soon as may be after the commencement of this section), the assessing authority shall work out and specify the provisional rate of payment to be made per bag of sugar under sub-section (1) by correlating the quantity of sugarcane purchased for the factory to the sugar produced in the factory during the last preceding crushing season in which the factory was under production. Explanation I-- If the factory was under production during only a part of any such previous crushing season, it shall be sufficient to take into consideration that part of the crushing season during which the factory was actually under production. Explanation II-- If the factory had not commenced production before the crushing season for which the provisional assessment is made, then the assessing authority may specify the provisional rate of payment per 'bag of sugar on the basis of comparable data relating to other factories, if any, in the same region or of any other relevant factor. (3) At the end of the crushing season [or as the case may be immediately after the closure of the factory for the crushing season]1 the assessing authority shall work out and specify a revised rate of payment per bag-of sugar by taking into account the quantity of sugarcane purchased for the factory and the sugar produced in the factory during the current crushing season, and where the rate is reduced or increased on such revision, the excess paid or the shortfall, as the case may be, shall be spread over the remaining stocks of the said sugar, and the amount to be paid before removal of each such remaining bag of sugar be re fixed accordingly, and if no such sugar remains in stock then the owner shall be entitled to a refund or pay the balance, as the case may be. (4) If at any time it appears to the assessing authority that a part of the stocks of the said sugar has been removed, or is for any other reason no longer available, and the payment towards tax due against such part under this section has not been made, the assessing authority may direct the shortfall to be recovered by spreading it over the sugar in stock at that time. (5) In relation to the tax levied under section 3 in respect of purchase of sugarcane on or after the said date :--