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THE WEST BENGAL VALUE ADDED TAX ACT, 2003
CHAPTER III: INCIDENCE AND LEVY OF TAX

17. Levy of tax on turnover of purchases.

(1) The tax payable by a dealer, who is liable to pay tax on his turnover of purchases under section 11 or section 12, shall be levied-

    (a) in the case of a dealer liable to pay tax under section 11, at the rate of two per centum on such part of the turnover of purchases of raw jute as referred to in sub-section (3) of section 11; and

    (b) in the case of a dealer liable to pay tax under section 12, at the rate of tax as applicable to a sale of such goods under sub-section (2) of section 16, on his taxable turnover of purchases.

(2) The expression "taxable turnover of purchases" as stated in clause (b) of sub-section (1), shall mean, in the case of a registered dealer, that part of his turnover of purchases, which remains after deducting therefrom-

    (a) purchases of goods, sales of which are declared tax-free under section 21;

    (b) purchases of goods which are shown to the satisfaction of the Commissioner to have taken place in the course of inter-State trade or commerce within the meaning of section 3 of the Central Sales Tax Act, 1956 (74 of 1956) or in the course of import of goods into, or export of the goods out of the territory of India within the meaning of section 5 of that Act;

    (c) purchases of goods which are shown to the satisfaction of the Commissioner to have been made from a registered dealer in West Bengal;

    (d) such other purchases as may be prescribed.

(3) The burden of proof shall lie on the dealer who claims any purchase not liable to be taxed under sub-section (1).