Amendment status not verified — confirm the current text below against the official source.
Any amount— (a) of net tax or any other tax payable or due, for a tax period or payable according to a return referred to in sub-section (1) of section 32, or (b) of the interest payable under section 33 or section 34 or section 34A, or (c) of tax payable after assessment under section 45, or section 46, or section 48, or (d) of penalty imposed under any provisions of this Act, or (e) other than those referred to in clause (a), clause (b), clause (c), or clause (d), payable or due under this Act, shall be paid into an appropriate Government Treasury, in such manner, at such interval, and within such time, as may be prescribed."; (20) after section 31, the following section shall be inserted:-- "Adjustment of 31A. Any amount of reverse credit as referred to reverse credit. in clause (36B) of section 2 arising in a tax period shall be adjusted within the said tax period in such manner and subject to such conditions and restrictions, as may be prescribed."; (21) for section 32, the following section shall be substituted:— "Furnishing of 32. (1) Every dealer liable to pay tax under return by dealer. the Act or every other dealer, if so, required by the Commissioner by a notice served in the prescribed manner, shall furnish such returns by such dates and to such authority, as may be prescribed. (2) Every dealer required by sub-section (1) to furnish a return shall, before furnishing such return, pay the full amount of the net tax and interest if any, payable according to such return, in the manner as provided in section 31 and shall furnish alongwith such return, a receipt from the appropriate Government Treasury referred to in that section showing the payment of such amount: Provided that where a dealer is required by sub-section (1) to furnish return for any return period is unable to make payment of the full amount of the net tax or interest payable according to such return, such dealer shall furnish the return without making payment of the full amount of the net tax or interest payable according to such return along with an application adducing reasons to the Commissioner for extension of time for making payment of the unpaid amount of net tax or interest payable up to the extended date of payment: Provided further that the Commissioner may, if he is satisfied on the reasons adduced by the dealer in the application referred to in the first proviso, extend, by an order in writing, the time for making payment of such unpaid amount of the net tax and interest if any, payable thereon on such terms and conditions as he may deem fit and proper. "Payment of net tax or any other tax, interest, penalty. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 35 The West Bengal Finance Act, 2005. (Section 9.) (3) If any dealer who has furnished a return under sub-section (1), discovers any omission or error in any return furnished by him, he may, at any time before the date prescribed for furnishing of the next return by him, furnish a revised return; and if the revised return shows a greater amount of net tax or interest to be payable than what was shown in the original return, it shall be accompanied by a receipt showing payment of the extra amount or the amount of net tax and interest if any, payable thereon in the manner as provided in section 31. (4) Where a deduction of an amount is made under sub-section (1) of section 40 from the payment of any sum to a dealer for execution of a works contract, and such amount is deposited under sub-section (2) of that section, the deduction of such amount shall be deemed to be a payment of tax by such dealer on the date of such deduction, and he shall furnish along with his return required under sub-section (1) of this section, in respect of such amount a copy of the certificate of deduction referred to in sub-section (3) of section 40, duly certified by such dealer, as a proof of such payment of tax: Provided that where a dealer does not receive a certificate of deduction under sub-section (3) of section 40 on or before the prescribed date of furnishing of return for a return period, he shall furnish the return stating the fact in writing, and shall undertake to furnish the copy of such certificate of deduction within fifteen days from issue of such certificate to him under sub-section (3) of section 40. (5) A dealer liable to pay tax under sub-section (1) or sub-section (2), as the case may be, of section 10 but not yet registered, shall furnish return in respect of the return period starting on or from such appointed day and pay tax in accordance with the provisions of this Act."; (22) for section 33, the following section shall be substituted:— "Interest for 33. (1) Where a dealer required to furnish return non-payment or delayed under sub-section (1) of section 32, furnishes the return payment of net in respect of any return period by the prescribed date or tax payable or for ruin-reversal thereafter but fails to make full payment of net tax payable, of input tax under sub-section (2) of section 32, in respect of any tax credit or input tax rebate. period within such return period by the prescribed date, he shall pay a simple interest at the rate of twelve per centunz per annum for the period commencing on the date immediately following the prescribed date for payment of net tax and up to the date prior to the date of payment of such net tax or, upto the date of commencement of proceeding under section 55 or, upto the date prior to the date of provisional assessment under section 45 or assessment under section 46 or section 47 or section 48, as the case may be, whichever is earlier, in respect of such return period upon so much of the amount of net tax payable by him according to such return as remains unpaid: Provided that where such dealer admits in writing that the amount of net tax payable in respect of any such tax period within the return period is an amount which is either more or less than what has been originally shown as payable in the return and where the Commissioner is satisfied on the point of such admission, the interest shall be payable upon so much of the amount of net tax payable for such tax period according to such admission as remains unpaid. 36 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 [PART III The West Bengal Finance Act, 2005. (Section 9.) (2) Where a dealer required to furnish return under sub-section (1) of section 32, fails to furnish such return by the prescribed date or thereafter in respect of any return period before the provisional assessment under section 45 of the assessment under section 46 or section 48, as the case may be, and on such provisional or other assessments full amount of net tax payable for such period is found not to have been paid by him by the prescribed date, he shall pay a simple interest at the rate of twelve per centam per annum for the period commencing on the date immediately following the prescribed date of payment of such net tax in respect of each tax period and upto the prior to the date of provisional assessment under section 45 or assessment under section 46 or section 48, as the case may be, in respect of such return period upon so much of the amount of net tax payable by him according to such assessment as remains unpaid: Provided that where a provisional assessment under section 45 or an assessment under section 46 or section 48 is made for more than one return period and such assessment does not show separately the net tax payable for the tax periods within such return periods in respect of which interest is payable under this sub-section, the Commissioner shall apportion the net tax payable for the tax periods within such return periods on the basis of such assessment. (3) Where a dealer is required to reverse any amount of input tax credit or input tax rebate as referred to in section 31A in respect of a particular tax period, fails to do so, he shall pay a simple interest upon such amount at the rate of twelve per centuni per annum for the period commencing on the date immediately following the prescribed date for payment of net tax for such tax period and upto the date prior to the date of payment of such net tax or, upto the date of commencement of proceeding under section 55 or, upto the date prior to the date of provisional assessment under section 45 or assessment under section 46 or section 47, as the case may be, whichever is earlier."; (23) in section 34,— (a) for the words "tax payable after assessment", the words "tax due after provisional or other assessments" shall be substituted; (b) for the words and figures "or section 47", the words and figures "or section 48" shall be substituted; (24) after section 34, the following section shall be inserted:— "Interest for 34A. Where a registered dealer fails to make payment failure to make payment of tax of tax as referred to in clause (a) of sub-section (1) of as referred to in section 118 in the prescribed manner and by the prescribed clause (a) of section 118. date he shall pay a simple interest at the rate of twelve per centurn per annum for the period commencing on the date immediately following the prescribed date for payment of tax and ending on the date prior to the date of payment of such tax or upto the date of commencement of proceedings under section 55, whichever is earlier, upon so much of the amount of tax payable by him according to such return as remains unpaid."; (25) in section 35, after the words and figures "or section 34", the words, figures and letter "or section 34A" shall be inserted; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 37 The West Bengal Finance Act, 2005. (Section 9.) (26) for section 37, the following section shall be substituted:— "Rounding off of net tax or any other tax payable for calculation of interest. if such part is rupees and if (27) in section 38,