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, 2008.

West Bengal Act I of 2008

[Passed by the West Bengal Legislature.]

[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 28th March, 2008.]

An Act to amend the Bengal Amusements Tax Act, 1922, the Bengal Electricity Duty Act, 1935, the Bengal Agricultural Income-tax Act, 1944, the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972, the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979, the West Bengal Sales Tax Act, 1994, the West Bengal Sales Tax (settlement of Dispute) Act, 1999, and the West Bengal Value Added Tax Act, 2003.

WHEREAS it is expedient to amend the Bengal Amusements Tax Act, 1922, the Bengal Electricity Duty Act, 1935, the Bengal Agricultural Income-tax Act, 1944, the West Bengal Entertainment and Luxuries (Hotels and Restaurants) Tax Act, 1972, the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979, the West Bengal Sales Tax Act, 1994, the West Bengal Sales Tax (Settlement of Dispute) Act, 1999, and the West Bengal Value Added Tax Act, 2003. for the purposes and in the manner hereinafter appearing;

Amendment of West Bengal Act XLIX of 1994.

7. In the West Bengal Sales Tax Act, 1994, in section 8B,-

(1) in sub-section (1), in clause (b), for the words "within one hundred and twenty days from the date of receipt of notice of demand,", the words "within one hundred and twenty days or within such further time as may be allowed by the Settlement Commission from the date of receipt of notice of demand," shall be deemed to have been substituted with effect from the 1st day of August, 2006;

(2) to sub-section (2), in the Explanation,-

(a) in clause (a), for the words, figures and letters"against an order of assessment passed on or before the 30th day of June, 1997", the words, figures and letters" or an appeal or revision under the Central Sales Tax Act, 1956 made in accordance with the provisions of any of such repealed Acts or this Act, against an order of assessment passed on or before the 30th day of June, 2000". Shall be deemed to have been substituted with effect from the 1st day of August, 2006".

(b) for clause (e), the following clause shall be deemed to have been substituted with effect from the 1st day of August, 2006;-

"(e) a notice of demand served to a dealer for realisation of tax, interest or penalty, if any, on an assessment made or for realisation of penalty imposed other than in assessment, under this Act or any of the Acts repealed under section 106 of this Act or the Central Sales Tax Act, 1956, where such amount of tax, interest or penalty, if any, remains unrealised from the dealer who has been registered as a sick unit with the Board for Industrial and Financial Reconstruction,";

(3) in section 8C, in sub-section (6),-

(a) for the words "such three months", the words "such three months:" shall be substituted;

(b) The following proviso shall be added:-

"Provided that in case any application cannot be disposed of within a period of three months from the date of receipt of such application for any reason other than disagreement of terms and conditions of settlement between the dealer and the Commissioner, the Commission shall state in its order the reasons for such delay.",

(4) in section 107, in clause (r), in the proviso,-

(a) for the words, figures and letters"filed against an order of assessment passed under the Act, or Acts so repealed, is pending on the 30th day of June, 1997,", the words, figures and letter", filed against an order of assessment passed on or before the 30th day of June, 1997 under any of the Acts so repealed, is pending till the date of coming into force of the section 8B" shall be substituted";

(b) for the words, letters and figures "on or before the 30th daty of June, 1997", the words, letters and figures" on or before the 30th day of June, 2000" shall be substituted with effect from the 1st day of April, 2008.