Amendment status not verified — confirm the current text below against the official source.
In the West Bengal Value Added Tax Act, 2003,— (1) in section 2,— (a) after clause (3), the following clause shall be inserted:— `(3A) "appropriate Government Treasury" means— (a) in the case of a dealer in Kolkata,— (i) the Kolkata Branch of the Reserve Bank of India for payments under the Act exceeding five hundred rupees, and (ii) such head office, main office, branch or branches of any hank in Kolkata as may be authorised in this behalf by the State Government for the purpose of accepting deposits for payments under the Act, and ' (b) in other cases, the treasury or sub-treasury of the sub- division where the dealer's place of business is situated or, in the event of a dealer having more than one place of business, where the chief branch or head office of the business is situated;'; (b) for clause (6), the following clause shall be substituted:— `(6) "Capital goods" means such goods meant for use in the manufacture or for execution of works contract, and such other goods required by a reseller to keep the goods in saleable condition or to effect the sale properly, as may be notified by the State Government in the Official Gazette;'; West Ben. Act XV of 2001. West Ben. Act XXXVII of 2003. 4 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 [PART III The West Bengal Finance Act, 2005. (Section 9.) (c) for clause (7), the following clause shall be substituted:— `(7) "casual dealer" means a person, other than a dealer who, whether as principal, agent or in any other capacity, has occasional transaction involving buying, selling, supplying or distributing goods in West Bengal, whether for cash or for deferred payment, or for commission, remuneration or other valuable consideration and includes, whether he has fixed place of business in West Bengal or not,— (a) a transporter, carrier or transporting agent, as defined in clause (52) who, while carrying any goods in his goods vehicle as defined in clause (16), fails to disclose the name and address of the consignor or consignee in West Bengal or fails to furnish a copy of the invoice, challan, transport receipt or consignment note or document of like nature in respect of such goods, or (b) an owner or lessee or occupier of a warehouse who fails to disclose the name and address of the owner of any goods stored at his warehouse or fails to satisfy the Commissioner that such goods are for his personal use or consumption, and such transporter, carrier or transporting agent, or owner or lessee or occupier of a warehouse, shall be deemed to have purchased such goods on his own account;'; (d) for clause (10), the following clause shall be substituted:— '(10) "contractual transfer price" in relation to any period, means the aggregate of the amount received or receivable by a dealer in respect of transfer of property in goods (whether as goods or in some other form) in execution of any works contract, as defined in clause (57), whether executed fully or partly during such period. Explanation.—For the purpose of this clause, the expression "partly during such period" means the year or part of the year for which assessment is made whether or not any tax invoice, invoice or bill has been raised in respect of such contract;'; (e) in clause (11),— (i) after sub-clause (b), the following sub-clause shall be inserted:— "(ba) a person who has set up a business of selling or purchasing goods in West Bengal,"; (ii) for sub-clause (c), the following sub-clause shall be substituted:— "(c) a society including a co-operative society, club or any association which sells goods to its members or others for cash, or for deferred payment, or for commission, or for remuneration, or for other valuable consideration,"; in clause (13), for the words "postition of director", the words "position of director" shall be substituted; for clause (14), the following clause shall be substituted:— '(14) "electronic record" means data, record or data generated, image or sound stored, received or sent in an electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000, and includes micro film 21 of 2000. or computer generated micro film;'; (f) (g) PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 5 (I) The West Bengal Finance Act, 2005. (Section 9.) (h) for clause (15), the following clause shall be substituted:— `(15) "goods" includes all kinds of movable property other than— (a) newspaper, actionable claims, stocks, shares or securities, (b) country liquor, (c) foreign liquor, whether made in India or not, including brandy, whisky, vodka, gin, rum, liqueur, cordials, bitters and wines or a mixture thereof beer, ale, porter, cider, perry, and other similar potable fermented liquors, (d) lottery tickets, and (e) motor spirit of any kind;'; (i) after clause (17), the following clause shall be inserted:— `(17A) "import" means bringing goods in West Bengal from any place outside West Bengal or from any other country;'; (j) for clause (18), the following clause shall be substituted:— `(18) "input tax", in relation to a tax period on or after coming into force of this Act, means the amount of tax,— (a) paid or payable under the Act, other than under section 11, by a registered dealer, other than those enjoying composition under sub-section (3) of section 16 or sub-section (4) of section 18, to a registered dealer, or a dealer who has made an application under sub-section (1) of section 24 within thirty days from the date of incurring liability to pay tax under the Act, at the time of purchasing taxable goods, other than such taxable goods as may be prescribed, during that period, (b) payable under section 11 by a registered dealer on his turnover of purchases, referred to in sub-clause (a) of clause (54) of section 2, of raw jute during that period, and (c) payable under section 12 by a registered dealer, other than those enjoying composition under sub-section (3) of section 16 or sub-section (4) of section 18, on his turnover of purchases referred to in sub-clause (c) of clause (54) of section 2, where such purchases made during that period, other than purchases of such taxable goods as may be prescribed;'; (k) after clause (20), the following clauses shall be inserted:— `(20A) "interest payable" means the amount of interest payable under section 33 or section 34 or section 34A; (20B) "jute" means the plant known botanically as belonging to the genus corchorous, and includes all the species of that genus, whether known commonly as pat, kosta, nalia, or by any other name, and also means the plant known botanically as hibiscus cannabinus or commonly known as mesta;'; for clause (22), the following clause shall be substituted:— `(22) "manufacture", with all its grammatical variations and cognate expressions, means producing, making, extracting or processing any goods and includes printing, rearing of seedlings or plants, and raising of man-made forest or other natural resources like minerals, coal etc. for sale;'; 6 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 [PART III The West Bengal Finance Act, 2005. (Section 9.) (m) after clause (22), the following clauses shall be inserted:— '(22A) "maximum retail price", in respect of goods taxable under the Act, means maximum price printed on the package of any goods at which such goods may be sold to the ultimate consumer, whether such price is inclusive of tax or not; (22B) "motor spirit" means any liquid or admixture of liquids which is ordinarily used directly or indirectly as fuel for a motor vehicle or stationary internal combustion engine. Explanation.—For the purpose of this clause, the expression "motor vehicle" shall include any means of carriage, conveyance or transport by land, air or water;'; (n) for clause (23), the following clause shall be substituted:— '(23) "net tax", in relation to any period, means— (a) in case of a registered dealer, other than those referred to in sub-clause (c) and sub-clause (d), the amount of output tax in excess of the net tax credit, as referred to in sub-section (17) of section 22, claimed by such registered dealer in accordance with ,the provisions of this Act and the rules made thereunder, (b) in case of any dealer other than a registered dealer, the amount of output tax, (c) in case of a registered dealer who has been allowed to pay tax at a compounded rate under sub-section (3) of section 16 or sub-section (4) of section 18, the amount of output tax, (d) in case of a registered dealer, other than those referred to in sub-clause (a) and sub-clause (c), enjoying deferment of payment of tax, or tax holiday, or remission of tax under clause (a), clause (b), or clause (c) respectively of section 118, the amount of output tax;'; (o) for clause (26), the following clause shall be substituted:— '(26) "output tax", in relation to any period, means the aggregate amount of tax payable by a dealer liable to pay tax under section 10, section 11, section 12, section 14, sub-section (3) of section 24, and section 27C, and includes tax payable at the compounded rate under sub-section (3) of section 16 or sub-section (4) of section 18, in respect of any sale, or purchase, of goods, or execution of works contract, made by him in West Bengal;'; for clause (28), the following clause shall be substituted:— '(28) "penalty due" means the penalty found to be unpaid after the expiry of the date specified in the notice of demand issued in this behalf under this Act or rules made thereunder;'; for clause (29), the following clause shall be substituted:— '(29) "place of business" means any place where a dealer has set up a business of selling or purchasing goods or a place from where a dealer sells any goods or where he keeps accounts, (q) PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 7 The West Bengal Finance Act, 2005. (Section 9.) registers or documents, including those in the form of electronic records relating to sales or purchases of goods or execution of works contract and digital signature certificate granted under sub-section (4) of section 35 of the Information Technology Act, 2000, relating to his business, and includes any place where the dealer processes, produces or manufactures goods or executes works contract and any warehouse of such dealer;'; for clause (31), the following clause shall be substituted:— `(31) "principal officer", in relation to a company, means the director or managing director of such company, or the secretary authorised to act as principal officer by the Board of Directors of such company;'; (s) after clause (31), the following clause shall be inserted:— `(31A) "principal place of business" means any place of business where a dealer keeps all accounts, registers, documents, including those in the form of electronic records, and digital signature certificate granted under sub-section (4) of section 35 of the Information Technology Act, 2000, relating to his business and, includes the chief branch or head office within West Bengal;'; (t) clause (32) shall be omitted; (u) clause (33) shall be omitted; (v) for clause (35), the following clause shall be substituted:— `(35) "purchase price" means the amount of valuable consideration paid or payable by a person for the purchase of any goods, less any sum allowed as cash discount, commission or commercial rebates granted at the time of delivery, or before delivery, of such goods but including cost of freight or delivery or distribution or installation or insurance, or any sum charged for anything done by the seller in respect of the goods at the time of delivery of such goods or before delivery thereof, other than interest if separately charged;'; after clause (36), the following clauses shall be inserted:— `(36A) "resale" means sale of any goods purchased within West Bengal in the same form in which such goods are purchased or without using such goods in such manner which amounts to or results in manufacture; (36B) "return period" means a period, as may be prescribed, for which a return is due under the Act; (36C) "reverse credit" means reversal or returning by a dealer, by way of deduction from the amount of input tax credit or input tax rebate for a period, the amount of input tax credit or input tax rebate availed by him during any period which he was not entitled to or became disentitled subsequent to the enjoyment of such input tax credit or input tax rebate;'; (x) in clause (39), in the proviso to Explanation I, for the words "provisions, of this Explanation", the words "provisions of this Explanation" shall be substituted; (r) (w) 2 I of 2000. 8 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 [PART III The West Bengal Finance Act, 2005. (Section 9.) (y) for clause (41), the following clause shall be substituted:— `(41) "sale price" means the amount payable to a dealer or casual dealer as valuable consideration for the sale, other than the sale referred to in section 14, of any goods and includes— (a) any sum charged for anything done by the dealer or casual dealer in respect of such goods at the time of delivery, or before delivery, of such goods, (b) any sum charged for freight, delivery, distribution, installation or insurance, by such dealer at the time of delivery, or before delivery, of such goods, (c) any tax, duty or charges levied or leviable (other than the tax charged separately under this Act, subject to the provision as mentioned in the Explanation and cess levied under the West Bengal Transport West Ben. 00 Act XXI of 2 Infrastructure Development Fund Act, 2002), in respect of such goods, but does not include any sum allowed as cash discount, commission or other commercial rebate on the value of such goods at the time of delivery, or before delivery of such goods and interest if separately charged. Explanation.—For the purpose of this clause, the expression "sale price" of a dealer, enjoying payment of tax at a compounded rate under sub-section (3) of section 16 or sub-section (4) of section 18, or selling to any person other than a dealer of goods upon which maximum retail price as referred to in clause (22A) is applicable and where such maximum retail price is inclusive of sales tax, shall include any tax payable under this Act, including the tax referred to in section 10, or section 12;'; (z) for clause (45), the following clause shall be substituted:— `(45) "tax" means the tax due as defined in clause (46) or tax payable as defined in clause (49) under this Act;'; (za) for clause (48), the following clause shall be substituted:— `(48) "tax invoice" means an invoice containing such particulars as may be prescribed;'; (zb) for clause (49), the following clause shall be substituted:— `(49) "tax payable" means the tax payable under this Act on sales or purchases effected or for execution of works contract by a dealer or casual dealer but does not include tax due as defined in clause (46);'; (zc) for clause (50), the following clause shall be substituted:— `(50) "tax period" means such period, as may be prescribed, for which tax is payable under the Act;'; (zd) in clause (52), for the Explanation, the following Explanation shall be substituted:— `Explanation.—For the purposes of this Act, the expression "transporting agent" shall also include a clearing, forwarding, shipping and handling agent;'; PART THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 9 The West Bengal Finance Act, 2005. (Section 9.) (ze) for clause (54), the following clause shall be substituted:— `(54) "turnover of purchases", in relation to any period, means,— (a) in case of an occupier of a jute-mill liable to pay tax under section 11, the aggregate of the purchase prices or parts of purchase prices payable by such occupier for the quantities of raw jute purchased by him during such period after deducting the amounts, if any, refunded to him by the seller during such period in respect of any quantity of raw jute returned to the seller within ninety days from the date of its purchase and such other amounts as may be prescribed, (b) in case of a shipper of jute liable to pay tax under section 11, the aggregate of the purchase prices or parts of purchase prices payable by such shipper of jute in respect of the quantities of raw jute purchased by him in West Bengal and despatched by him during such period to any place outside West Bengal by any means of transit, (c) in case of any dealer liable to pay tax under section 12, the aggregate of the purchase prices or parts of purchase prices payable by such dealer in respect of the goods purchased by him during such period for use of such goods in West Bengal, after deducting the amounts, if any, refunded to the seller during such period in respect of any such goods purchased but returned to the seller within six months of such purchase;'; (zf) for clause (55), the following clause shall be substituted:— `(55) "turnover of sales", in relation to any period, means the aggregate of the sale-prices or parts of sale-prices received or receivable by a dealer in respect of sales as defined in clause (39) of the Act and in clause (g) of section 2 of the Central 74 of 1956. Sales Tax Act, 1956, of goods made during such period after deducting therefrom— (a) the sale-prices or the parts of sale-prices, if any, in respect of sales of goods during such period, which are shown to the satisfaction of the Commissioner to have been purchased by the dealer in West Bengal, upon payment of tax on the maximum retail price of such goods or, where tax on maximum retail price of such goods were paid in West Bengal in an earlier occasion, and (b) the amounts, if any, refunded by the dealer in respect of any such goods returned or rejected by the purchaser within six months from the date of such sales;'; (zg) for clause (56), the following clause shall be substituted:— `(56) "warehouse" means any enclosure, building or place where a dealer, casual dealer or any other person keeps stocks of goods, and includes a vessel, vehicle or godown;'; (zh) in clause (57),— (a) in sub-clause (c), for item (i), the following item shall be substituted:— `(i) any motor vehicle,'; (b) in sub-clause (d), for the words "treating or adapting", the words "treating, adapting or printing on," shall be substituted; 10 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2005 [PART III The West Bengal Finance Act, 2005. (Section 9.) (zi) in clause (58), for the words "the last day of March.", the words "the last day of March;" shall be substituted; (zj) after clause (58), the following clause shall be inserted:— `(59) "zero-rated sale" means a sale of any goods on which no tax is chargeable but credit for the input tax related to that sale is admissible.'; (2) in section 8,— (a) in sub-section (5), for the words "any accounts, register or documents", the words "any accounts, register or documents including those in the form of electronic records" shall be substituted; (b) in sub-section (6), for the words "any accounts, register or documents", the words "any accounts, register or documents including those in the form of electronic records" shall be substituted; (c) in sub-section (7), for the words "assess or re-assess tax", the words "assess or re-assess net tax or any other tax" shall be substituted; (d) in sub-section (10), for the words "by an Additional Commissioner,", the words "by a Special Commissioner or an Additional Commissioner, as the case may be," shall be substituted; for section 10, the following section shall be substituted:— "Incidence of tax.