West Bengal Finance Act, 1992
No: 1 Dated: Mar, 27 1992
THE WEST BENGAL FINANCE ACT, 1992
West Bengal Act I of 1992
An Act to amend the Bengal Amusements Tax Act, 1922, the Bengal Finance (Sales Tax) Act, 1941, the Bengal Raw Jute Taxation Act, 1941, the Bengal Agricultural Income-tax Act, 1944, the West Bengal Sales Tax Act, 1954, the Taxes On Entry of Goods Into Calcutta Metropolitan Area Act, 1972, the West Bengal Entertainments And Luxuries (Hotels And Restaurants) Tax Act, 1972, the West Bengal Motor Spirit Sales Tax Act, 1974, the West Bengal Urban Land Taxation Act, 1976; the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979 and the West Bengal Entertainment-cum-Amusement Tax Act, 1982.
WHEREAS it is expedient to amend the Bengal Amusements Tax Act, 1922, the Bengal Finance (Sales Tax) Act, 1941, the Bengal Raw Jute Taxation Act, 1941, the Bengal Agricultural Income-tax Act, 1944, the West Bengal Sales Tax Act, 1954, the Taxes On Entry of Goods Into Calcutta Metropolitan Area Act, 1972, the West Bengal Entertainments And Luxuries (Hotels And Restaurants) Tax Act, 1972, the West Bengal Motor Spirit Sales Tax Act, 1974, the West Bengal Urban Land Taxation Act, 1976, the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979 and the West Bengal Entertainment-cumAmusement Tax Act, 1982, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Forty-third Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. Short title and commencement:- (1) This Act may be called the West Bengal Finance Act, 1992.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
2. Amendment of Ben. Act V of 1922:- In the Bengal Amusements Tax Act, 1922, in section 3, in subsection (3),— (1) in the Table, in the entries relating to item (c) in column 1, the words ", sports and games" shall be omitted; (2) the second proviso shall be omitted.
3. Amendment of Ben. Act VI of 1941:- In the Bengal Finance (Sales Tax) Act, 1941,—
(1) in section 2, in clause (hb), for the words, figure and letter "or section 6D and includes", the words, figures, letters and brackets "or sub-section (3) of section 6D, and includes the amount payable under sub-section (4) of section 6D and" shall be substituted.
(2) in section 6B,—
(a) in sub-section (3), for clause (a), the following clauses shall be substituted:—
"(a) two per centum of such part of the turnover as specified in sub-section (2), if the aggregate of the gross turnover under this Act and the gross turnover under the West Bengal Sales Tax Act, 1954, of the dealer liable to pay such tax exceeds rupees fifty crores during the year in respect of which or part of which the turnover tax is levied;
(aa) one and a halfper centum of such part of the turnover as specified in sub-section (2), if the aggregate of the gross turnover under this Act and the gross turnover under the West Bengal Sales Tax Act, 1954, of the dealer liable to pay such tax exceeds rupees one crore but does not exceed rupees fifty crores during the year in respect of which or part of which the turnover tax is levied;";
(b) in clause (c), after the word, letter and brackets "clause (a)", the word, letters and brackets ", clause (aa)" shall be inserted;
(c) in the proviso, for clause (i), the following clauses shall be substituted:—
"(i) under clause (a) shall not exceed a sum equivalent to the aggregate of three-fourths of the turnover tax payable by him in accordance with the said clause and twenty per centunr of the amount by which his aforesaid gross turnover exceeds rupees fifty crores;
(ia) under clause (aa) shall not exceed a sum equivalent to the aggregate of two-thirds of the turnover tax payable by him in accordance with the said clause and fifteen per centum of the amount by which his aforesaid gross turnover exceeds rupees one crore; and";
(3 ) in section 6D, after sub-section (3) ending with the words, figure and brackets "as specified in sub-section (2)", the following sub-sections shall be inserted:—
"(4) Notwithstanding anything contained in sub-section (1), sub-section (2) or sub-section (3), subject to such conditions and restrictions as may be prescribed, the Commissioner may, if a registered dealer liable to pay tax under clause (b) of sub-section (1) opts under sub-section (5), accept by way of composition in lieu of the tax payable under sub-section (3) by such dealer during any period, an amount computed at the rate of two per centuin of the amount received or receivable during such period as valuable consideration or part of such valuable consideration on account of any works-contract executed wholly or partly during that period wherein transfer of property in goods (whether as goods or in some other form) is involved.
(5) Any dealer who intends to opt to avail himself of the provisions of sub-section (4) may apply in such form and within such time as may be prescribed to the Commissioner or such other authority as may be prescribed to be permitted to pay the amount under that sub-section and, on being so permitted, shall pay such amount in respect of any period and furnish return therefor in accordance with the provisions of section 10.
(6) An option exercised under sub-section (5) in respect of any period shall remain in force for not less than three complete years and where any dealer intends to withdraw such option prospectively, he shall apply to the Commissioner or such other authority as may be prescribed not less than six months before the end of a year."
(4) in section 10A, in the proviso to sub-section (2), for the words "estimate the tax payable for such period on the basis of such assessment after giving the dealer an opportunity of being heard.", the words "apportion the tax payable for such period on the basis of such assessment." shall be substituted;
(5) in section 11, for sub-section (2i), the following sub-section shall be substituted:—
"(2i) No determination under sub-section (2h) of this section in respect of interest payable under sub-section (1) or subsection (2) of section 10A shall be made after the date of assessment under sub-section (1) of this section in respect of the period for which such determination is made or after the expiry of one year from the date of coming into force of the West Bengal Finance Act, 1992, whichever is later.";
(6) in section 26, in sub-section (2), after clause (dddd) the following clause shall be inserted:—
"(ddddd) the conditions and restrictions subject to which the Commissioner may accept the amount by way of composition under sub-section (4), the form in which, the time within which, and the authority to whom, a dealer may apply under sub-section (5), or subsection (6), of section 6D;";
(7) in Schedule I, for item 114 and the entries in column 1, the following item and entries shall be substituted:—
"114. Dot pens and refills and cartridges thereof, fountain pens and writing ink.".