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 (19). the following clause shall be inserted:— `(19A) "infra-State contractual transfer price" means contractual transfer price as referred to in section 14, in respect of works contract executed within West Bengal, but excluding sale price for sales of goods in the course of inter-State trade or commerce, or outside the State, or in the course of export out of the territory of India or import into the territory of India as referred to in section 3, section 4 or section 5 of the Central Sales Tax Act. 1956;"; 74 ol 1956 PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, AUGUST 30, 2011 11 The West Bengal Finance Act, 2011. (Section 5.) (b) in clause (23), in sub-clause (c), for the words, figures. letter and brackets "or sub-section (3B).", the words, figures, letter and brackets "or sub-section (3B), or sub-section (6)," shall be substituted; (2) in section 12,— (a) in sub-section (1), for the words and figures "of section 16", the words "or sub-section (6), of section 16" shall be substituted; (b) in sub-section (2), for the words and figures "of section 16", the words, figures and brackets "or sub-section (6), of section 16" shall be substituted; (3) in section 18, for sub-section (2), the following sub-section shall be substituted:— `(2) The expression "taxable contractual transfer price" for a period as stated in sub-section (1), shall mean, in the case of a dealer who is liable to pay tax on transfer of property in goods involved in the execution of works contract under section 14 or sub-section (3) of section 24 or sub-section (3) of section 27C, that part of his intra-State contractual transfer price during that period which remains after deducting therefrom— (a) contractual transfer of goods, sales of which are declared tax-free under section 21; (b) charges towards labour, service and other like charges as may be prescribed; (c) amounts paid to a sub-contractor for execution of the works contract, whether fully or in part, where the dealer claiming such deduction produces proof to the satisfaction of the Commissioner that— (i) the sub-contractor is a registered dealer liable to pay tax under section 14; and (ii) an invoice has been raised by such sub-contractor to such dealer for the amount claimed as deduction; and (iiii) the amount of such transaction is included by such sub- contractor in his return furnished under section 32; and (iv) there is no transfer of property in goods (whether as goods or in some other form) from such sub-contractor to the dealer in respect of such works contract; (d) such other amounts or contractual transfers as may be prescribed.'; (4) in section 22,— (a) in sub-section (4), in the first proviso, for the words "if purchases are used", the words "if purchased goods are used" shall be substituted; (b) in sub-section (12),— (i) in clause (a), for the words and figures "of section 16", the words. figures and brackets "or sub-section (6), of section 16" shall be substituted; (ii) after clause (d), the following clauses shall be inserted:— "(da) made from a registered dealer who obtained registration on the basis of false or incorrect documents or false or incorrect representations and whose certificate of registration has been cancelled in accordance with the provisions of clause (c) of sub-section (1) of section 29; or (db) made from a registered dealer who is found upon enquiry not to have existed, at the time of sale of goods, at the address as disclosed in tax invoice produced or, as the case may be, at the address as disclosed at the time of registration, subject to the amendment made under section 27 or amendment application as moved under section 27A, if any; or"; 12 THE KOLKATA GAZETTE, EXTRAORDINARY. AUGUST 30, 2011 [PART III (5) The West Bengal Finance Act, 2011. (Section 5.) after section 22, the following sections shall be inserted:— "Penalty for false 22A. (1) Where any registered dealer has claimed claim of input tax credit or input tax input tax credit or input tax rebate for a period without rebate. entering into a valid transaction of purchase with another registered dealer in West Bengal resulting in claim of a higher amount of input tax credit or input tax rebate than is admissible to him, the Commissioner may, by way of a separate proceeding independent of any scrutiny, verification, audit, assessment, appeal, revision or review for such period and after giving in the prescribed manner, a reasonable opportunity of being heard to such dealer, impose, in addition to any tax levied or leviable or penalty imposed or imposable under this Act for such period, by an order in writing, a penalty of a sum calculated at such per centum, not less than twenty-five per centum and not exceeding one hundred fifty per centum, as specified in sub-section (2), of the amount of input tax credit or input tax rebate claimed in excess than is admissible to him: Provided that no penalty under this section shall be imposed if action has been taken under sub-section (3) of section 22, or penalty has been imposed under section 96, on such dealer, for the same facts and vice versa. (2) For the purposes of imposition of penalty under sub-section (1), the per centum shall be as follows:— (a) at the rate of twenty-five per centum where the dealer admits in writing the fact of such ineligible claim of input tax credit or input tax rebate and pays the full amount of tax involved in such ineligible claim along with interest thereon within one month of inspection or enquiry leading to detection of such ineligible claim, or within one month of initiation of the proceeding for such period for imposition of penalty under sub-section (1), or within one month of initiation of the proceeding for assessment or appeal or revision or review for such period, as the case may be, whichever is earlier: (b) at the rate of one hundred fifty per centum in all other cases: Provided that a dealer may make application within the period mentioned in clause (a) to the Commissioner, with proof of payment of thirty per centum of the full amount of tax involved in such ineligible claim of input tax credit or input tax rebate as admitted in writing, for granting of instalment for payment of the balance amount of such tax along with interest, and upon such application by the dealer the Commissioner may allow such dealer to make payment of the balance admitted amount of tax involved in such ineligible claim along with interest thereon in monthly instalments of not more than ten months and upon payment of the full admitted amount of tax involved in such ineligible claim along with interest thereon, penalty under the sub- section ( 1) shall be imposed at the percentage specified in clause (a): PART THE KOLKATA GA7FTTE, EXTRAORDINARY, AUGUST 30, 2011 13 The West Bengal Finance Act, 2011. (Section 5.) Provided further that if the dealer fails to pay the full amount of tax as per the instalment granted under the first proviso, then the penalty under sub-section (1) shall be imposed at the rate of one hundred fifty per centtan of the amount of tax involved in such ineligible claim: Provided also that if it is found that the amount of tax involved in such ineligible claim of input tax credit or input tax rebate by a dealer is in excess of the amount admitted in writing by the dealer under clause (a), then penalty under sub- section (1) shall be imposed at the rate of one hundred fifty per centum of that part of the amount of tax involved in such ineligible claim of input tax credit or input tax rebate which has not been admitted by the dealer in writing. (3) Nothing contained in the above-mentioned provisions shall be construed to affect liability of the dealer to pay interest under the Act by grant of instalment for payment of the admitted amount of tax by the dealer. "Penalty for issue of tax invoice without sale or without delivery of goods.