Amendment status not verified — confirm the current text below against the official source.
(1) The returns furnished by a registered for ass deemed assessment dealer. other than those mentioned in clause (a) or clause (b) or clause (c) of sub-section (1) of section 116, for the year commencing from the 1st day of April, 2009, and ending on the 31st day of March, 2010, and the 1st day of April, 2010, and ending on the 31st day of March, 2011 [hereinafter referred to as the eligible period(s)], in accordance with the provisions of section 32 and the total turnover of sales during the eligible period(s) in respect of such returns is less than rupees three crore. shall, notwithstanding the provisions of sub-section (1) of section 46, be accepted as correct and complete, and the assessment in respect of such returns for the eligible period(s) shall be deemed to have been made under sub-section (1) of section 47 on the 31st day of December, 2011, subject to the furnishing of a declaration as required under sub-section (4) and enclosing a receipted challan PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 30, 2011 19 The West Bengal Finance Act, 2011. (Section 5.) showing payment of balance amount of net tax along with interest, or late fee previously remaining unpaid, if any, for such eligible period(s) subject to the provisions of sub-section (2) of this section. (2) The provisions of this section shall not apply in respect of a year, where the registered dealer— (a) is required to be assessed under clause (aa), or clause (b), or clause (c), or clause (d), or clause (h), of sub-section (1) of section 46, for any return period for such year falling within the eligible period(s); or (b) is engaged in execution of works contract within West Bengal during any period within the eligible period(s); or (c) has claimed refund of unadjusted excess input tax credit or excess payment of net tax or interest or late fee during any period within the eligible period(s); or (d) has been selected for audit under section 43 for any period within such eligible period(s); or has been found to have evaded any tax under the Act for any year or part of a year within the preceding three years before the eligible period(s); or (f) has not furnished return under the Act or under the Central Sales 74 of 1956. Tax Act, 1956, on or before the 31st day of October, 2011, in accordance with the provisions of the respective Acts, for any return period for the year falling within the eligible period(s); or has claimed exemption from tax on sales or for lower rate of tax on sales under the Act in respect of any return period for such year falling within the eligible periods but is not in possession of the relevant declarations or certificates or documents required in support of such claim and has not paid the relevant taxes in terms of sub- section (3); or (h) has claimed exemption from tax on sales or for lower rate of tax on sales under the Central Sales Tax Act, 1956, in respect of any return period for such year falling within the eligible period but has not produced, or is not in possession of, the relevant declarations, certificates or documents in support of such claim or has not paid the relevant taxes in terms of sub-section (3); or (i) has claimed exemption from tax under section 6A of the Central Sales Tax Act, 1956, in respect of any return period for such year falling within the eligible periods but has not produced, or in possession of, the relevant declarations or documents in support of such claim or has not paid the relevant taxes in terms of sub- section (3). (3) Where a registered dealer is eligible and is willing to be assessed in accordance with the provisions of sub-section (1) for the eligible period(s), such registered dealer shall verify the related returns for the periods with his books of accounts and documents, including declarations or certificates required to be possessed or furnished or produced in support of the claims for deduction from turnover of sales or for exemption from payment of tax or for payment of tax at a lower rate, as claimed in such returns, and shall furnish a declaration on or before the 31st day of December, 2011, in the form along with such documents, and in such manner, as may be prescribed. (e) (g) • • 20 THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 30, 2011 [PART III The West Bengal Finance Act, 2011. (Section 5.) (4) The registered dealer, if upon verification, finds that there is any short payment or non-payment of net tax or interest or late fee or the amount of unadjusted excess input tax credit carried forward in the return for the next period is in excess of the amount admissible to be lawfully carried forward, he shall make payment of such balance amount of net tax along with interest or late fee previously remained unpaid and shall also furnish along with such declaration receipted challan showing such payment. (5) No refund of tax, input tax credit or input tax rebate, interest or late fee shall be made in respect of any return period falling within the eligible period(s), unless an assessment is made under sub-section (1) of section 46. (6) The provisions of sub-section (3), sub-section (3A), sub-section (4), and sub-section (5), of section 47 shall, mutatis mutandis, apply in respect of an assessment deemed to have been made under this section. Summary 47AA. (1) A return, including a revised return, assessment of returns. furnished by a registered dealer, other than those mentioned in clause (a) or clause (b) or clause (c) of sub-section (1) of section 116, under section 32, shall be deemed to have been summarily assessed on the date of submission of such return if— (a) the dealer has also furnished the return under the Central Sales Tax Act, 1956, for the return period, if he is required to furnish such a return under that Act; and (b) the returns furnished under the Act and the Central Sales Tax Act, 1956, are complete and self-consistent; and (c) the amount of net tax, interest and late fee has been paid in full according to such return or returns; and (d) no proceeding arising from seizure of accounts or goods under the Act has been initiated in respect of the year to which the said return period relates, or for any period in respect of the preceding two years, by the Bureau of Investigation or any other authority having jurisdiction over such dealer. (2) No assessment shall be made under sub-section (1) of section 46 in respect of any return summarily assessed under sub-section (1), unless such summary assessment is revoked under sub-section (3) or is reopened under sub-section (4). (3) The summary assessment under sub-section (1) in respect of a return furnished by a registered dealer shall stand automatically revoked, if for any return period in the year containing such return which has been summarily assessed under sub-section (1)— (a) the dealer has failed to produce books of accounts or documents for the period in response to a notice issued for the purposes of this Act; or (b) the dealer has failed to submit the statements, accounts and declarations in terms of section 30E; or (c) the accounts, registers or documents, or goods of the dealer has been seized in respect of the dealer for any period during the previous year or the year to which the return period relates; or 74 of 1956. PART THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 30, 2011 21 The West Bengal Finance Act, 2011. (Section 5.) (d) the dealer has failed to comply with the provisions of the Central Sales Tax Act, 1956: Provided that in respect of return furnished for the quarter ending on the 30th day of June, 2011, the summary assessment, if any, under sub-section (I) of this section, shall stand revoked where any proceeding under the Act has been started before coming into force this section by the assessing authority against the dealer in respect of the said return period. (4) A summary assessment under sub-section (1) may be reopened by the Commissioner by an order in writing, after granting the registered dealer an opportunity of hearing, within six years from the end of the financial year in respect of which such summary assessment has been made, if he is satisfied that an assessment is required to be made under sub-section (1) of section 46 in the interest of State revenue or for any other reason."; (15) in section 49, in sub-section (3), for the words "from the date of such order", the words "from the end of the month in which such order is received by the appropriate assessing authority" shall be substituted; (16) in section 61, in sub-section (1), in clause (ab), for the words "seventy- five per centum", the words "fifty per centum" shall be substituted; (17) section 62 shall be renumbered as sub-section (1), and after sub-section (1) so renumbered, the following sub-sections shall be inserted:— "(2) The Commissioner shall have the power to adjust any amount due to be refunded to a registered dealer under sub-section (1) against any tax, interest, late fee or penalty due from him, in such manner, and subject to such conditions and restrictions, as may be prescribed. (3) Where an order giving rise to a refund is the subject-matter of an appeal or revision or any other proceeding, or where any other proceeding is pending, and the Commissioner has reasons to believe that the grant of the refund to the registered dealer is likely to adversely affect the interest of revenue, the Commissioner may withhold the refund for a period not exceeding three months from the date of such order."; (18) in section 65, for the words "five thousand rupees", the words "ten thousnd rupees" shall be substituted; (19) after section 66A, the following section shall be inserted:— 74 of 1956. "Penalty for non- maintenance or non-production of accounts, documents, etc. 66AA. Where the Commissioner is satisfied that a dealer— (a) has not maintained accounts or documents for ascertaining the net tax liability for a period; or (b) has refused or has failed without reasonable cause, to produce such accounts or documents as are required to be produced under section 66 or in a proceeding for verification of return under section 42 or for audit under section 43 or for special audit under section 43A or for assessment under section 46 or section 48 or in appeal or revision or review or in a proceeding for imposition of penalty, under this Act; or (23) after section 87, the following section shall be inserted:— "Fast track method of revision of certain appellate or revisional order from an order of assessmment.