In exercise of the power conferred by section 114 of the West Bengal Value Added TaxAct, 2003 (West Ben. Act XXXVII of 2003), the Governor is pleased hereby to make the following amendments in theWest Bengal Value Added Tax Rules, 2005, as subsequently amended (hereinafter referred to as the said rules):.
Amendment
In the said rules,-
(1) in Chapter VI, in Part III, in rule 30, in sub-rule (2), in the TABLE, in the heading in column (4), for the words "Percentage of total value of contract taxable at the rate of", substitute the words "Percentage of balance contractual transfer price after deductions as in clause (i) above, taxable at the rate of";
(2) in Chapter VIII, in Part I, in rule 34, in sub-rule (5),-
(a) in clause (b), in ANNEXURE B, .
(i) for PART I, substitute the following PART:.
"PART I
Section 1: Details of purchase of goods, for direct use in business, effected by dealer in excess of rupees fifty thousand from registered or unregistered dealers withinWest Bengal during the return period
Section 2: Purchase of goods for direct use in business not exceeding rupees fifty thousand during the return period
(inclusive of tax)
(Rs.)
(ii) for PART II, substitute the following PART:-
"PART II
Section 1: Details of sales of goods to registered dealers within West Bengal in excess of rupees fifty thousand during the return period
Section 2: Sales during the period not exceeding rupees fifty thousand to registered dealers within West Bengal
(iii) for PART III, substitute the following PART:-
"PART III
Section 1: Details of sales of goods to unregistered dealers or persons within West Bengal in excess of rupees fifty thousand during the return period
Section 2: Total sale during the period not exceeding rupees fifty thousand to unregistered dealers or persons withinWest Bengal
(b) for clause (d), substitute the following clause:-
"(d) an Annexure D as mentioned below, where the dealer is a works contractor and claims deduction in terms of clause (b) of sub-section (2) of section 18 or claims deduction and computes tax in terms of sub-section (3) of section 18, duly verified by him:.
ANNEXURE D
Annexure to return to be filled in respect of claim of deduction under clause (b) of sub-section (2), and/or sub-section (3), of section 18 for labour, service and other like charges as shown in return and about tax payable on taxable contractual transfer price
Computation of Taxable Contractual Transfer Price and tax has been made by [Put in appropriate box]:.
[ascertained from accounts]
PART I
Statement about deduction for labour, service and other like charges u/s 18(2)(b) read with rule 30(1)
[Deduction as ascertained from books of accounts]
PART II
Statement about deduction for labour, service and other like charges and computation of tax on taxable contractual transfer price in terms of section 18(3) read with rule 30(2)
[Deduction and computation using the Table given in rule 30(2)]
(c) for clause (f), substitute the following clause:-
"(f) an Annexure F as mentioned below, indicating therein the amount of reverse credit, duly verified by him:.
ANNEXURE F
Annexure to return to be filled where input tax credit is to be reversed
Computation of Reverse Credit has been made by [Put appropriate box]:.
[ Calculation of Reverse Credit using formula as given in rule 23(4) ]
[Statement about Reverse Credit made under Self-accounting Method]
(d) after clause (g), insert the following clauses:.
"(h) an Annexure Sales Return as mentioned below, where the dealer claims deduction under sub-clause (b) of clause (55) of section 2 to arrive at .turnover of sales., duly verified by him:-
ANNEXURE SALES RETURN
Annexure to return to be filled where deduction is claimed in terms of sub-clause (b) of clause (55) of section 2
[Statement of intra-State sales return/rejection within W.B. as shown in serial No. 18 of Form 14 / Form 14D]
*After deducting sale price of goods purchased within W.B. on payment of tax on MRP u/s 16(4) as shown in serial 17 of Form 14/Form 14D, i.e. (1) =[ sl. 16 . sl. 17] of Form 14/Form 14D
Note : Amount of Total of column (4) is included in serial 30aB of Form 14/ Form 14D.
Certified that the claim of deduction in column (2) above relates only to goods return/rejection within six months from the date of relevant sale.
(i) an Annexure TDS as mentioned below, where the dealer claims payment of tax deemed to have been made by him in terms of sub-section (4) of section 32 by way of deduction from payment to him for execution of works contract by him within West Bengal in terms of sub-section (1) of section 40, duly verified by him:.
ANNEXURE TDS
Statement about claim of Form 18 received or receivable towards payment of tax deemed to have been made in terms of sub-section (4) of section 32 by way of deduction of tax at source under section 40
(3) in Form 14,-
(a) in PART A, in sub-heading in column A, for the words, letters and brackets "Amount (Rs.)" , substitute the words, letters and brackets ."Amount (Rs.) excluding VAT";
(b) in PARTAA,-
(i) in the heading, for the words, figures and brackets "Import of goods from outside the State of West Bengal", substitute the words, figures and brackets "Import of goods from outside the State and purchase made from within the State under section 5(3) of the Central Sales Tax Act,1956";
(ii) after serial number 15D and the relevant entries in column (2) and column (3) thereto, insert the following serial number in column (1) and the entries in column (2) and column (3) thereto:-
15
(c) in Part B,.
(i) in serial No. 18, for the words, letter, figures and brackets "Sales *return/rejection within six months from date of sale [Sec. 2(55)(b)]", substitute the words letter, figures and brackets "Intra-State sales *return/rejection within six months from date of sale [sec. 2(55)(b)] [Statement to be furnished in Annexure Sales Return]";
(ii) in the heading before serial number 20, for the words and figure "Break-up of turnover of sales as in 19", substitute the words, figures and brackets "Break-up of turnover of sales as in 19 [In case of No Claim of sales return in sl. 18] / Break-up of Aggregate of Sale Price as in column (1) of Annexure Sales Return [If sales return is claimed in sl. 18]";
(iii) in serial No. 30a, for the words "Adjustment, if any, of output tax", substitute the words "Adjustment of output tax on account of sales return, if any";
(iv) after serial number 30a, insert the following serial number and the entry thereto:-
(d) in Part C, in serial No. 42, in item (a), for the words "Tax deducted at source", substitute the words and brackets "Tax deducted at source [Statement to be furnished in Annexure TDS]";
(e) in serial No. 45, substitute the following serial No.:-
"45. Payment Details
(dd/mm/yyyy)
(yyyymm)
(f) in serial No. 47,-
(i) for the words and letters "Tax invoices received for purchases from W.B.", substitute the words and letters "Tax invoices received for purchases from W.B. and on which ITC has been claimed";
(ii) for the words "Amount of purchase", substitute the words "Amount of purchase (excluding VAT)";
(4) in Form 14D,-
(a) in PART A, in sub-heading in column A, for the words and brackets "Amount (Rs.)", substitute the words, letters and brackets "Amount (Rs.) excluding VAT";
(b) in Part AA,-
(i) in the heading, for the words, figures and brackets "Import of goods from outside the State of West Bengal", substitute the words, figures and brackets "Import of goods from outside the State and purchase made from within the State u/s 5(3) of the CST Act,1956";
(c) in Part B,-
(i) in serial No. 18, for the words, letter, figures and brackets "Sales *return/rejection within six months from date of sale [sec. 2(55)(b)]", substitute the words letter, figures and brackets "Intra-State sales *return/rejection within six months from date of sale [sec. 2(55)(b)] [Statement to be furnished in Annexure Sales Return]";
(ii) in the heading before serial No. 20, for the words and figure "Break-up of turnover of sales as in 19", substitute the words, figures and brackets "Break-up of turnover of sales as in 19 [in case of No claim of sales return in sl. 18] / Break-up of Aggregate of Sale Price as in column (1) of Annexure Sales Return [If sales return is claimed in sl. 18]";
(iv) after serial No. 30a, insert the following serial No. and the entry therein:-
(d) in Part C, in serial 42, in item (a), for the words "Tax deducted at source", substitute the words, letters and brackets "Tax deducted at source [Statement to be furnished in Annexure TDS]";
(e) in serial No. 45, substitute the following serial No.-
(i) for the words and letters "Tax invoices received for purchases from W.B.", substitute the words "Tax invoices received for purchases from W.B. and on which ITC has been claimed";
(ii) for the words "Amount of purchase", substitute the words, letters and brackets "Amount of purchase (excludingVAT)."
2. This notification shall come into force with effect from the 1st day of July, 2010.
By order of the Governor,
N. C. BASAK,
Dy. Secy. to the Govt. of West Bengal.