Bare ActsThe West Bengal Finance Act, 1992

Section 6

Amendment status not verified — confirm the current text below against the official source.

In the West Bengal Sales Tax Act, 1954,— (1) in section 2,— (a) after clause (cccc), the following clause shall be inserted:— `0 d) "sale" means any transfer of property in notified commodities for cash or deferred payment or other valuable consideration, and includes— Amendment of Ben. Act IV of 1944. Amendment of Ben. Act IV of 1954. 5 The West Bengal Finance Act, 1992. [West Ben. Act (Section 6.) (i) any delivery of notified commodities on hire purchase or any system of payment by instalments; (ii) any supply, by way of or as part of any service or in any other manner whatsoever, of notified commodities, being food or any other article for human consumption or any drink or non- alcoholic beverage, where such supply or service is for cash, deferred payment or other valuable consideration, and such delivery or supply of any notified commodities shall be deemed to be a sale of those notified commodities by the person making the delivery or supply and a purchase of those notified commodities by the person to whom such delivery or supply is made, but does not include a mortgage, hypothecation, charge or pledge;"; (b) in clause (d) after the words "containers or other materials for the packing of notified commodities", the words "or for anything done by the dealer in respect of the notified commodities at the time of, or before, delivery thereof, other than the cost of freight or delivery or the cost of installation, or interest, when such cost or interest is separately charged" shall be added; (2) in section 4AAA,— (a) in sub-section (3), for clause (a), the following clauses shall be substituted:— "(a) two per centunt of such part of the turnover as specified in sub-section (2), if the aggregate of the gross turnover under this Act and the gross turnover under the Bengal Finance (Sales Tax) Act, 1941, of the dealer liable to pay such tax exceeds rupees fifty crores during the year in respect of which or part of which the turnover tax is levied; (aa) one and a halfper centum of such part of the turnover as specified in sub-section (2), if the aggregate of the gross turnover under this Act and the gross turnover under the Bengal Finance (Sales Tax) Act, 1941, of the dealer liable to pay such tax exceeds rupees one crore but does not exceed rupees fifty crores during the year in respect of which or part of which the turnover tax is levied;"; Ben. Act VI of 1941. The West Bengal Finance Act, 1992. I of 1992.] (Section 7) . (b) in clause (c), after the word, letter and brackets "clause (a)", the word, letters and brackets ", clause (aa)" shall be inserted; (c) in the proviso, for clause (i), the following clauses shall be substituted:— TO under clause (a) shall not exceed a sum equivalent to the aggregate of thee-fourths of the turnover tax payable by him in accordance with the said clause and twenty per centum of the amount by which his aforesaid gross turnover exceeds rupees fifty crores; (ia) under clause (aa) shall not exceed a sum equivalent to the aggregate of two-thirds of the turnover tax payable by him in accordance with the said clause and fifteen per centum of the amount by which his aforesaid gross turnover exceeds rupees one crore; and"; (3) in section 8A, in the proviso to sub-section (2), for the words "estimate the tax payable for such period on the basis of such assessment after giving the dealer an opportunity of being heard.", the words "apportion the tax payable for such period on the basis of such assessment." shall be substituted; (4) in section 9, for sub-section (6), the following sub-section shall be substituted:— "(6) No determination under sub-section (5) of this section in respect of interest payable under sub-section (1) or sub- section (2) of section 8A shall be made after the date of assessment under sub-section (2) or sub-section (3) of this section in respect of the period for which such determination is made or after the expiry of one year from the date of coming into force of the West Bengal Finance Act, 1992, whichever is later.".

Section 6 – The West Bengal Finance Act, 1992 | DailyLaw.ai