Bare ActsThe West Bengal Finance Act, 1994

Section 4

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, in clause (e), for sub-clause (iii), the following sub-clause shall be substituted:— "(iii) the amount, if any, separately charged as turnover tax payable under section 4AAA during such period:"; (2) in section 4, the words "and fertilisers", wherever they occur, shall be omitted; (3) in section 4AAA,— (a) in sub-section (1),— (i) in clause (b), for the words, figures and letters beginning with "during any year" and ending with "immediately following such year", the words, figures and letters "calculated from the commencement of any year ending on or after the 11th day of April, 1994, exceeds twenty-five lakh rupees at any time within such year, shall, in addition to the tax payable by him under section 4, be liable to pay, with effect from the date immediately following the day on which such aggregate first exceeds twenty-five lakh rupees or from the 11th day of April, 1994, whichever is later," shall be substituted; (ii) in clause (d), for the words "during any year again exceeds rupees twenty-five lakhs, be liable to pay from the first day of the year immediately following 164 The West Bengal Finance Act, 1994. XVI of 1994.] Ben. Act VI of 1941 (Section 4.) such year", the words "calculated from the commencement of any year ending on or after the 11th day of April, 1994, again exceeds twenty-five lakh rupees at any time within such year, be liable to pay, with effect from the date immediately following the day on which such aggregate again first exceeds twenty-five lakh rupees or from the 11th day of April, 1994, whichever is later," shall be substituted; (b) in sub-section (3),— (i) in clause (a), for the words "rupees fifty crores", the words "one crore rupees" shall be substituted; (ii) clause (aa) shall be omitted; (iii) for clause (b), the following clause shall be substituted:— "(b) one per centum of such part of the turnover as specified in sub-section (2) if the provisions of clause (a) do not apply:"; (iv) clause (c) shall be omitted; (v) for the proviso, the following proviso shall be substituted:— "Provided that the turnover tax payable by a dealer under clause (a) shall not exceed a sum equivalent to the aggregate of one-half of the turnover tax payable by him in accordance with the said clause and ten per centum of the amount by which his aforesaid aggregate of the gross turnover under this Act and• the gross turnover under the Bengal Finance (Sales Tax) Act, 1941, exceeds one crore rupees."; (c) sub-section (4) shall be omitted; (4) section 413 shall be omitted; (5) in section 8G, in sub-section (1), the words, figures, letters and brackets ", subject to provision of sub-section (4) of section 4AAA," shall be omitted; 165 The West Bengal Finance Act, 1994. [West Ben. Act (Section 5.) (5A) in the Explanation to section 8H, the words, figure and letter "and section 81" shall be omitted; (5B) in section 81, in sub-section (1), for the second proviso, the following proviso shall be substituted:— "Provided further that notwithstanding anything contained in the foregoing provisions of this sub-section or the rules made thereunder, a registered dealer, who has established a new industrial unit on or after the 1st day of April, 1989, and not later than the 31st day of May, 1990, or has expanded on or after the 1st day of April, 1989, and not later than the 31st day of May, 1990, his existing industrial unit established before the 1st day of April, 1989, shall be entitled to the remission of tax payable under this Act in respect of any period commencing on or after the 1st day of April, 1989, and ending on or before the 31st day of March, 1992, and all other provisions of this section and the rules made thereunder shall apply to such dealer:"; (6) in section 16, in sub-section (1), clause (al) shall be omitted. Amendment of West Ben. Act XXI of

Section 4 – The West Bengal Finance Act, 1994 | DailyLaw.ai