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) in clause (41), in sub-clause (b), for the words "installation or insurance,", the word "installation," shall be substituted; (b) in clause (57), in sub-clause (d), for the words "processing, treating", the words "processing, photocopying, developing, treating" shall be substituted; (2) in section 18,— (a) in sub-section (3), for the words "not found by the assessing authority", the words "not found by the assessing authority or the auditing authority" shall be substituted; (b) in sub-section (4), after clause (b), the following clause shall be inserted:— "(ba) reselling goods, or"; PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2007 9 The West Bengal Finance Act, 2007. (Section 10.) (3) in section 22,— (a) in sub-section (5), clause (b) shall be omitted; (b) in sub-section (8), for the words "Notwithstanding anything contained elsewhere in the Act", the words, figure, letter and brackets "Notwithstanding anything contained elsewhere in the Act, and subject to the provisions of sub-section (8A)," shall be substituted; (c) to sub-section (8A), the following proviso shall be added:— "Provided that where a dealer has exercised option for refund in respect of any quarter of a year under this sub-section, such option shall be deemed to be final and irrevocable for all subsequent quarters of the year for which such dealer is eligible for benefit under clause (a), or clause (b), or clause (c), of sub-section (1) of section 118."; (d) in the negative list, after serial No. 13 in column (1) and the entries relating thereto in column (2) and column (3), the following serial No. and the entries relating thereto in column (2) and column (3), respectively, shall be inserted:— "14. Industrial L.P.G. When the registered dealer is in the business of dealing in such goods."; (4) in section 29, in sub-section (4),— (a) for the word, figures and letter "section 34A", the words, figures and letter "section 34A and penalty calculated at such amount not exceeding rupees two thousand for each month of default or part thereof, as may be prescribed" shall be substituted; (b) for the words "remained cancelled", the words "remained cancelled:" shall be substituted; and (c) the following proviso shall be added:— "Provided that where the appropriate authority has granted the dealer any instalments in respect of payment of net tax, the certificate of registration, on application made by the dealer, may be restored, subject to such conditions and restrictions, and in such manner, as may be prescribed."; (5) in section 32, in sub-section (2),— (a) for the words "net tax and interest if any,", the words "net tax, interest, and penalty calculated at such amount not exceeding rupees two thousand for each month of default or part thereof as may be prescribed, if any," shall be substituted; (b) for the first proviso, the following proviso shall be substituted: "Provided that where a dealer required by sub-section (1) to furnish return for any return period is unable to make payment of the full amount of net tax or interest or penalty of amount not exceeding rupees two thousand for each month of default or part thereof as may be prescribed, payable according to such return, such dealer shall furnish the return without payment of the full amount of such tax or interest or penalty payable according to such return along with an application adducing reasons to the Commissioner for extension of time for making payment of net tax, interest and penalty up to the extended date of payment:"; (c) in the second proviso, for the words "net tax and interest", the words "net tax, interest and penalty, if any" shall be substituted; 10 THE KOLKATA GAZE I 1E, EXTRAORDINARY, MARCH 31, 2007 [PART III The West Bengal Finance Act, 2007. (Section 10.) (6) in section 40, in sub-section (1),— (a) in clause (f), for the words "an educational institution, or", the words "an educational institution," shall be substituted; (b) for clause (g), the following clauses shall be substituted:— "(g) a promoter, (h) any bank, (i) any hospital or nursing home or diagnostic centre, or (j) a partnership firm,"; (7) in section 41, in sub-section (1), for the words, figures and brackets "furnished under sub-section (1) of section 32", the words, figures and brackets "furnished under sub-section (1), or sub-section (3), of section 32" shall be substituted; (8) in section 42, in sub-section (1), for the words, figures and brackets "under sub-section (1) of section 32", the words, figures and brackets "under sub-section (1), or sub-section (3), of section 32 or has failed to disclose the interest payable under sub-section (1) of section 33," shall be substituted; (9) in section 46,— (a) in sub-section (1),— (i) in clause (e), for the words, figures, letters and brackets "under clause (a) or clause (aa) of section 61", the words, figures, letters and brackets "under clause (a), or clause (aa), or clause (ab), of section 61" shall be substituted; (ii) after clause (e), the following clauses shall be inserted:— "(ea) a refund has been made to a registered dealer under sub- section (8A) of section 22; or (eb) the Commissioner has reasons to believe that an assessment under sub-section (2) of section 9 of the Central Sales Tax 74 of 1956. Act, 1956, is required to be made for any year or part thereof; or"; (b) in the second proviso to sub-section (1), for the words, figure and brackets "has not been revoked under sub-section (3) of said section", the words, figures and brackets "has not been revoked under sub- section (3), or sub-section (4), of the said section" shall be substituted; (10) in section 61,— (a) in clause (a), for the words "situated anywhere in West Bengal", the words "situated anywhere in West Bengal outside" shall be substituted; (b) after clause (aa), the following clause shall be inserted:— "(ab) to a registered dealer, whose all sales of goods in the course of export out of India within the meaning of section 5 of the Central Sales Tax Act, 1956, to the total sales equal to or exceed seventy-five per centum in a return period, the input tax credit available during such return period as referred to as 'A' in sub-section (17) of section 22 after adjustment of reverse credit, if any: Provided that no refund for a particular return period shall be made to a registered dealer where such dealer fails to furnish PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2007 11 The West Bengal Finance Act, 2007. (Section 10.) a declaration appended to this section obtained from the selling dealer, in case the total purchase from such selling dealer during that return period exceeds rupees five lakhs. DECLARATION This is to declare under clause (ab) of section 61 that the undermentioned sales have been effected and tax has been charged on the bill(s) raised on the dealer and this is to certify that the net tax, if any, as per the return for the quarter ending under the West Bengal Value Added Tax Act, 2003, has been deposited at the appropriate Government Treasury and the return for the said quarter has been filed with (name of the office) on (date). I also declare that I do not enjoy any incentive by way of remission/ tax holiday/deferment under section 118 of the West Bengal Value Added Tax Act, 2003. Serial No. Particulars Amounts