Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained a lump sum in lieu of tax in sub-section (1) of section 5, any dealer, who is under not registered under this Act and whose gross section 5. turnover during a year does not exceed five lakh rupees, may, subject to the restrictions and conditions specified hereinafter and as may be prescribed, opt for payment of a lump sum of four thousand rupees for such year in lieu of the tax payable by him under sub-section (1) of section 5: Provided that if a dealer is liable to pay tax under section 6D, he shall not be eligible for payment for that year in accordance with the provisions of this section. 157 The West Bengal Finance Act, 1994. [West Ben. Act (Section 2.) (2) A dealer who opts under sub-section (1) to make payment of the lump sum shall, in the prescribed manner, pay on or before such date as may be prescribed such lump sum into a Government Treasury or the Reserve Bank of India and shall furnish to the Commissioner a receipted challan from such Treasury or Bank showing the payment of such sum in such manner and by such date as may be prescribed. (3) The Commissioner shall, on furnishing of the receipted challan referred to in sub-section (2) by the dealer, enrol the dealerin the prescribedmanner and thereafter allot an enrolment number to the dealer in the prescribed manner. (4) If any enrolled dealer makes the payment of lump sum for any year as referred to in sub-section (1), the provisions of section 7, section 10 or section 11 shall not apply to such enrolled dealer in respect of the year for which he makes lump sum payment. (5) Any dealer whose gross turnover during any year exceeds five lakh rupees shall cease to be eligible for lump sum payment for such year and he shall, from the commencement of such year, be liable to make payment of tax at the rate specified in sub-section (1) of section 5, and the lump sum payment, if any, made by such dealer for such year shall be adjusted with the amount of tax payable under sub- section (1) of section 5. (6). If a certificate of registration is granted to a dealer under sub-section (2a) of section 7, such dealer shall furnish returns along with receipted challans showing payment of tax in accordance with the provisions of sub-section (5) by such date and in such manner as may be prescribed."; (8) in section 7, after sub-section (2), the following sub-sections shall be inserted:— "(2a) If a dealer who is not registered under this Act opts to make lump sum payment under sub-section (1) of section 6F and subsequently ceases or is found to have ceased, under sub-section (5) of that section, to be eligible to make such lump sum payment, he shall make an application under sub-section (2) of this section for registration and the prescribed authority shall, on such application, grant such dealer a certificate of registration under sub-section (3) with effect from the commencement of the year in respect of which he ceases to be liable to make lump sum payment under section 6F. 158 The West Bengal Finance Act, 1994. XVI of 1994.] (Section 2.) (2b) The lump sum paid, if any, by a dealer under section 6F in respect of any year during which he gets himself registered, shall be adjusted against tax payable by him under sub-section (1) of section 5 for any period or periods of such year."; (9) in section 10E, in sub-section (1), the words, figures, letter and brackets "shall, subject to the provisions of sub-section (4) of section 6B," shall be omitted; (9A) in the Explanation to section 10F, the words, figures and letter "or section 10G" shall be omitted; (9B) in section 10G, 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;"; (10) in section 22, in sub-section (1), clause (aa) shall be omitted; (11) in section 26, in sub-section (2), after clause (ddddd), the following clause shall be inserted:— "(dddddl) the restrictions and conditions subject to which a dealer may opt for payment of lump sum, the manner in which and the date by which a dealer shall pay lump sum, the manner in which and the date by which areceipted challan is to be furnished, the manner in which the Commissioner shall enrol the dealer and the date by which and the manner in which the dealer shall furnish returns, under section 6F;"; 159 The West Bengal Finance Act, 1994. [West Ben. Act (Section 2.) (12) in Schedule I,— (a) for item 26 and the entries relating thereto in column 1, the following item and entries in column 1 and column 2 respectively shall be substituted:— "26. Water. Except drinking water, mineral water, or aerated water, when sold in bottles or sealed containers."; (b) after item 116 and the entries relating thereto in column 1, the following items and entries in column 1 shall be inserted:— "117. Computer software.