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THE WEST BENGAL VALUE ADDED TAX RULES, 2005
CHAPTER XII : Restrictions on and procedures for transport of any consignment of goods, regulatory measures for movement of such goods through West Bengal, interception, search, seizure and penalty for contravention, certain measures to prevent evasion of tax on sales within West Bengal.

Body 105. Security etc. from dealer, other than registered dealer, casual dealer or any other person, for issuing way bills.

(1) Any dealer who is not registered under the Act or a casual dealer or any other person may, subject to the approval of the Commissioner or any other authority as may be authorised by the Commissioner, may make an application to the authority referred to in rule 111 or rule 112 for obtaining way bill in Form 50 for transporting consignment of goods under rule 100, rule 103 or rule 104, as the case may be, and such authority may, for reasons to be recorded in writing, require such dealer, casual dealer or person to furnish a cash security of such amount towards tax payable under this Act as may be justified to safeguard the interest of revenue and the documents evidencing the payment of tax, if any, payable under section 4 of the West Bengal Tax on Entry of Goods into Local Areas Act, 2012:

Provided that if the application for way bill relates to import of goods by any individual person, non-business organisation or association or trust, bank or any company who is not liable to pay tax under the Act and the imported goods are not meant for sale, the appropriate authority referred to in rule 111 or rule 112, may accept a bank guarantee equivalent to the amount of cash security to safeguard the interest of revenue:

Provided further that the requirement of furnishing security may be dispensed with if the application for way bill relates to import of goods by any Government department, local body, a recognised university or affiliated educational institution, Government recognised research organisation, any registered charitable or cultural organisation or any public sector undertaking, other than a registered dealer, and where the applicant declares that such goods are not intended to be disposed of by way of sale in West Bengal and furnishes a letter of undertaking to the effect that in the event of any sale of such goods, tax payable on such sale shall be deposited and evidence of payment of such tax shall be produced before the authority within fifteen days from the date of such sale.

(2) After security is furnished and the documents evidencing the payment of tax, if any, payable under section 4 of the West Bengal Tax on Entry of Goods into Local Areas Act, 2012, are produced by a dealer who is not registered under the Act, casual dealer or any other person, the authority referred to in rule 111 or rule 112 shall issue way bill in Form no. 50 in such number, and for such period of time, as may commensurate with the amount of security so furnished by such dealer, casual dealer or the person.

(3) Where any dealer, casual dealer or any other person, who has furnished security under sub-rule (2) produces sufficient evidence within six months of transporting a consignment of goods into West Bengal under rule 100, rule 103 or rule 104 to prove that such consignment of goods has not been sold in West Bengal, the authority referred to in rule 111 or rule 112 shall, within thirty days from the date on which such evidence is produced refund the amount of cash security or release the bank guarantee so furnished.