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The West Bengal Sales Tax Rules, 1995
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Body 34. Exemption from tax on certain sales of goods specified in Schedule IV

(1) Where a dealer makes a sale of goods specified in Part B of Schedule IV, bitumen, Liquefied Petroleum Gas (LPG), propane, or butane,-

    (a) directly to any diplomatic or consular office of -

      (i) the United Kingdom,

      (ii) Japan,

      (iii) the United States of America,

      (iv) Italy,

      (v) Omitted w.e.f.14-03-2012,

      (vi) Germany,

      (vii) the Peoples' Republic of Bangladesh,

      (viii) Royal Nepal, or

    (b) to a dealer for the purpose of resale by him to any diplomatic or consular office mentioned in clause (a),

    such dealer may, for the purpose of determining his taxable turnover of sales, deduct such sale under sub-clause (xi) of clause (a) of sub-section (3) of section 17 from his gross turnover of sales :

Provided that the claim for such deduction shall not be allowed unless he produces,-

    (i) in respect of sale referred to in clause (a), bill or cash memo to show that no tax has been charged on such sale ;

    (ii) in respect of sale referred to in clause (b), a certificate issued by such diplomatic or consular office, that no tax has been charged on such sale:

    Provided further that no such deduction shall be admissible if such goods are sold to any diplomatic or consular office of Germany unless the sale price for each sale is rupees five thousand six hundred or more.

    (2) Where sales of goods specified in Part B of Schedule IV or bitumen, Liquefied Petroleum Gas (LPG), propane, or butane are made to each other by the following dealers, namely,-

      (a) Indian Oil Corporation Limited,

      (b) Hindustan Petroleum Corporation Limited,

      (c) Bharat Petroleum Corporation Limited,

      (d) IBP Company Limited, and

      (e) Indian Oil Corporation Limited (Assam Oil Division),

      (f) Reliance Petroleum Private Limited, and

      (g) Reliance Petro marketing Private Limited

      (j) Essar Oil Limited,

      (k) Oil and Natural Gas Corporation, and

      (l) Bongaigaon Refinery & Petrochemicals Limited.

    such selling dealer may, for the purpose of determining his taxable turnover of sales, deduct such sales under sub-clause (xi) of clause (a) of sub-section (3) of section 17, if the purchasing dealer makes purchases of such goods for the purpose of resale by him :

Provided that the claim for such deduction shall not be allowed unless the selling dealer furnishes, on demand, a declaration in the form appended to this sub-rule, duly filled in and signed by the purchasing dealer or by a person authorised for this purpose :

Provided further that no such claim for deduction shall be allowed if a single declaration covers sales made during a period exceeding one month.

FORM OF DECLARATION FORM OF DECLARATION
[See sub-rule (2) of rule 34 of the West Bengal Sales Tax Rules, 1995.] [See sub-rule (2) of rule 34 of the West Bengal Sales Tax Rules, 1995.]
(Portion to be retained by the issuing dealer)  
Serial No................ Date........................ Serial No................ Date........................
To To
.................................(selling dealer) .................................(selling dealer)
..................................(address) ..................................(address)
Declaration given for the following purchases of goods specified in Part B of Schedule IV or bitumen for the purpose of resale during the month .............................. Certified that the goods specified in Part B of Schedule IV or bitumen purchased from you as per bill/cash memo stated below during the month ending ............. are for the purpose of resale by me/us.

  I/We shall pay tax according to the provisions of the West Bengal Sales Tax Act, 1994 on my/our sales of such goods.
(1) (2) (3) (4) (1) (2) (3) (4)
Bill/Cash Memo No. and date Description of goods Quantity Amount Bill/Cash Memo No. and date Description of goods Quantity Amount
Name of the purchasing dealer.......................... Name of the purchasing dealer..........................
................................................................... .......................................................................
Signature and status of the person signing the declaration................................................ Signature and status of the person signing the declaration ................................................
............................................................. ................................................................