[Bihar Act 19, 2017]

THE BIHAR TAXATION LAW AMENDMENT ACT, 2017

AN

ACT

to amend and validate the Bihar Value Added Tax Act, 2005 (Bihar Act 27, 2005).

BE it enacted by the Legislature of the State of Bihar in the Sixty-eighth Year of the Republic of India as follows:-

1. Short title, extent and commencement.—

(1) This Act may be called the Bihar Taxation Law (Amendment and Validation) Act, 2017.

(2) It extends to the whole of the State of Bihar.

(3) It shall come into force with effect from the first day of July, 2017.

2. Amendment of section 14 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005).-

Section 14 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be substituted by the following, namely:-

"14. Rate of Tax.-

Tax shall be payable on the sale price of the goods at such rate not exceeding fifty percent and subject to such conditions and restrictions, as the State Government may, by notification specify."

3. Validation .—

(1) The amendment made in Section-14 of the Bihar Value Added Tax Act, 2005 shall be deemed to be in force and always be in force, for all purposes, validly and effectively for all material times with effect from the first day of July, 2017.

(2) Any notification under sub-section (1) of Section-13 and Section-14 of the Bihar Value Added Tax Act, 2005 (as amended by Bihar Act 13 of 2017) issued before the commencement of this Act shall be deemed to be, for all purposes, as validly and effectively issued with effect from the first day of July, 2017.

(3) Any imposition of tax, or collection, made in pursuance of amendment made in Section-14 or notifications mentioned in sub-section (2) shall be deemed to be and to have always been, for all purposes, as validly and effectively, imposed, assessed, collected, as if the said notifications had been in force at all material times and accordingly, notwithstanding anything contained in any judgment,

decree, or order of any Court, or Tribunal or other authority:-

(a) No suit or other proceedings shall be maintained or continued in any Court, Tribunal or other authority for the refund of any amount received or realized by way of amendment made in Section-14 or notifications as mentioned in sub-section (2).

(b) No Court, tribunal or other authority shall enforce any decree, or order directing the refund of any amount received or realized by way of amendment made in Section-14 or any notifications as mentioned in sub-section(2).

(c) Recoveries shall be made in accordance with the amendment made in Section-14 or notifications as mentioned in sub-section (2) of all amounts which could have been collected by the amendment made in Section-14 or notifications as mentioned in sub-section (2) but which had not been collected.

By Order of the Governor of Bihar,

MANOJ KUMAR,

Joint Secretary to the Government.