The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:-

EXTRACT OF THE WEST BENGAL FINANCE ACT, 2016.

West Bengal Act VI of 2016

[Passed by the West Bengal Legislature.]

[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 28th July, 2016.]

An Act to amend the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979, the Indian Stamp Act, 1899, in its application to West Bengal, the West Bengal Sales Tax Act, 1994, and the West Bengal Value Added Tax Act, 2003.

Whereas it is expedient to amend the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979 (West Ben. Act VI of 1979), the Indian Stamp Act, 1899 (2 of 1899), in its application to the State of West Bengal, the West Bengal Sales Tax Act, 1994 (West Ben. Act XLIX of 1994.), and the West Bengal Value Added Tax Act, 2003 (West Ben. Act XXXVII of 2003.), for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Sixty-seventh 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, 2016.

(2) Save as otherwise provided, it shall come into force on such date, or shall be deemed to have 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.

5. Amendment of West Ben. Act XXXVII of 2003.

In the West Bengal Value Added Tax Act, 2003-

(1) in section 2, in clause (55), for the words, figures and brackets "defined in clause (39) of the Act", the words, figures and brackets "defined in clause (39) of this section" shall be substituted;

(2) Section 8A shall be omitted;

(3) Section 8B shall be omitted;

(4) Section 8C shall be omitted;

(5) Section 8D shall be omitted;

(6) in section 40,-

(a) to sub-section (2A), the following proviso shall be inserted:-

"Provided that the Commissioner may, if satisfied on the reasons adduced by the person who makes the deduction or a contractee or otherwise, extend, by an order in writing, the time for furnishing the scroll.";

(b) to sub-section (3B), the following proviso shall be added:-

"Provided that the State Government may reduce or waive the amount of interest payable by the person who makes the deduction or a contractee (being an officer of Government), if he is satisfied that-

(a) the default in the payment of the amount on which interest is payable, has been due to the circumstances beyond the control of such an employer; and

(b) the payment of such interest would cause genuine hardship to such a person or contractee.";

(7) in section 84, in sub-section (2), in the first proviso,-

(a) in the Table,-

(i) in serial No. 1,-

(A) in the second column, for the word "year", the words "calendar year" shall be substituted;

(B) for the entry in the third column, the following column shall be substituted:-

"31st day of March of the calendar year immediately following the calendar year in which the appeal was filed.";

(ii) in serial No. 2,-

(A) in the second column, for the word "year", the words "financial year" shall be substituted;

(B) for the entry in the third column, the following column shall be substituted:-

"30th day of September of the financial year immediately following the financial year in which the appeal was filed.";

(b) Explanation shall be omitted.

By order of the Governor,

MADHUMATI MITRA,

Secy, to the Govt. of West Bengal,

Law Department.