Amendment status not verified — confirm the current text below against the official source.
189 The West Bengal Finance Act, 2001. [West Ben. Act Statement of Objects and Reasons on the West Bengal Finance Bill, 2001 (Bill No. 22 of 2001). STATEMENT OF OBJECTS AND REASONS. The Bill seeks to amend the following principal Acts:— (i) The Indian Stamp Act, 1899, in its application to West Bengal. The provision seeks to fix a maximum limit on ad valorem stamp duty leviable in the matter of mortgage of property in West Bengal so that Industrial Units register their mortgages in West Bengal; (ii) the Bengal Amusements Tax Act, 1922. The provision seeks— (a) to insert a new clause (3b) of section 2 in order to define the expression "Commissioner of Entertainments Tax"; (b) to reduce the rate of entertainments tax upon the value of each ticket for admission to any cinematographic exhibition other than cinematographic exhibitions in Bangali or Nepali language from seventy per centum to sixty-five per centum of such value; (c) to provide for fixing a lower rate of entertainments tax in respect of cinematograph exhibition in Santhali language; (d) to enhance the amount of service charge which is not chargeable to entertainments tax; (e) to make consequential changes in section 11, section 11A and section 11B in relation to the amendment made in section 2 as stated in clause (a); (f) to amend sub-section (4) of section 11 in order to include the Bureau of Investigation under the Act as per observation made by the Hon'ble High Court at Calcutta in a recent judgement delivered by it; (g) to amend sub-section (3) of section 11A so that no prosecution will lie where any offence is compounded; (h) to amend section 1113 so that no prosecution shall be instituted against any offender under the Act without the prior sanction of the Collector, or the Commissioner of Entertainments Tax, as the case may be; 190 The West Bengal Finance Act, 2001. VI of 2001.) (iii) the Bengal Electricity Duty Act, 1935. The provision seeks— (a) to empower the authorities under the Act to review their own orders suo motu whenever found necessary or upon application made by a licensee; (b) to empower the Director of Electricity Duty to revise suo mom any order passed by any authority subordinate to him; (iv) the Bengal Agricultural Income-tax Act, 1944. The provision seeks to reduce the rate of agricultural income- tax payable in the case of the tea growing domestic company, firm or other association of persons; (v) the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972. The provision seeks to exempt hotels, situated outside the Calcutta Metropolitan Planning Area, from payment of luxury tax; (vi) the West Bengal Duty on Inter-State River Valley Authority Electricity Act, 1973. The provision seeks to augment the collection of electricity duty and to clarify the rate of electricity duty; (vii) the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979. - The provision seeks— (a) to incorporate the definition of Bureau of Investigation in the Act in order to make it applicable for the purposes of the Act; (b) to enhance the existing period of limitation relating to assessment of tax of a registered employer; (c) to make provision for deemed assessment of tax in respect of registered employers up to a certain period by operation of law and to make consequential changes incidental thereto; (d) to waive the charge for payment of interest or penalty in case of persons and employers, provided they obtain certificate of enrolment or certificate of registration, as the case may be, within a specified period of time and pay their due tax within a specified date; 191 The West Bengal Finance Act, 2001. [West Ben. Act (e) to insert a new section 12A for empowering the Bureau of Investigation for carrying out necessary investigation or for making enquiry into any case of alleged or suspected evasion of tax under the Act and malpractices connected therewith; (f) to substitute section 15 in order to compel every employer or person to maintain a true and up-to-date accounts relating to disbursement of salaries and wages to his employees and to keep them at his place of work for inspection by concerned authorities; (g) to make enabling provision for prescribing a form for initiaing proceedings for special mode of recovery of tax; (h) to make necessary changes in section 17 so that every employer or person, who produces any accounts or documents before the prescribed authority, is required to explain the same to such authority for the purpose of the Act; (i) to make suitable changes in section 18 so that any excess payment of tax made by any employer or person is adjusted against any amount due from such employer or person and to refund any balance amount which remains after such adjustment; (j) to amend section 19 in order to treat default of any employer or person in the matter of payment of tax due under the Act as offence committed under the Act; (k) to insert a new section 24A in order to introduce the requirement of clearance certificate for the purposes of this Act in the matter of entering into any kind of business transaction by certain authorities; (I) to amend the Schedule in order to change the amount of tax payable by certain class or classes of persons; (viii) the West Bengal Luxury Tax Act, 1994. The provision seeks to enlarge the ambit of luxuries under the Act; (ix) the West Bengal Sales Tax Act, 1994. The provision seeks— (a) to amend the existing provisions to make a casual trader liable to pay tax on his purchases of goods specified in Schedule IV; (b) to exclude the process of blending of tea from the ambit of the definition of "manufacture" under the Act; 192 The West Bengal Finance Act, 2001. XVI of 2001.] (c) to withdraw the existing purchase tax leviable in the event of inter-State stock transfer of goods manufactured by a registered dealer in West Bengal; (d) to allow registered dealers engaged in the manufacture of tax-free goods to purchase at a concessional rate of tax raw material, packing material and other goods required by them for use in such manufacturing; (e) to enable the West Bengal Rural Energy Development Corporation Liinited to purchase goods, required for distribution of electrical energy, at a concessional rate of tax; (f) to enhance the rate of tax on sale of lottery tickets; (g) to make clarificatory amendments enabling the State Government to fix the rate of tax in respect of goods specified in Schedue IV from the date the goods are so specified in that Schedule; (h) to introduce a new scheme of set-off of tax for jute industry which will lessen the burden of tax payable on sale of jute goods manufactured in West Bengal; (i) to provide for restoration of the certificate of registration of dealers, when cancelled for their default in furnishing returns; (j) to ease the procedural difficulties faced by the contractor dealers from whom deduction of tax is made at source; (k) to make clarificatory amendments in order to restrict misuse of the benefit of exemption from payment of tax by small-scale industrial units on sale of goods actually manufactured by established firms by using the trade mark or brand name of such firms; (I) to extend the scope for enjoying the benefit of exemption from payment of tax to a newly set up small-scale industrial unit registered as such by the appropriate authority on or before the 1st day of January, 2000, which starts production for the first time after the 30th day of June, 2000; (m) to make necessary amendment consequential to bringing the provision for cessation of the exclusive benefits enjoyed by new industrial units under the Act on the basis of the decision taken by all States; (n) to enlarge the ambit of selective assessment in order to save a large number of registered dealers from the hassles of assessment proceedings; 193 The West Bengal Finance Act, 2001. [West Ben. Act XVI of 2001.] to enable the owner of any warehouse or any othe►- place to take, at his option, the custody of any goods seized at such warehouse or such other place; to enable the authorities to impose penalty on such persons, dealers, or casual traders who dispose of goods brought into West Bengal in contravention of the conditions set out in the Act and the rules made thereunder; (q) to transfer certain items of goods from Schedule I (list of goods sales of which are exempt from levy of tax) to Schedule IV and from Schedule IV to Schedule I and to make some changes in Schedule IV to clarify the identity of goods covered by various entries as well as to mention certain items therein by specific name or description and also to change the existing rates of sales tax on certain items of goods; (x) the West Bengal Sales Tax (Settlement of Dispute) Act, 1999. The provision seeks to extend the benefit of settlement of disputed arrear tax, penalty or interest which is pending in appeal or revision before any higher forum on the 31st day of March, 2001. KOLKATA, ASIM KUMAR DASGUPTA, The 6th July, 2001. Member-in-charge. (0) (p) 194