The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information.

ASSAM ACT NO. VII OF 2013

(Received the assent of the Governor on 22nd April, 2013)

THE ASSAM VALUE ADDED TAX (AMENDMENT) ACT, 2013

AN

ACT

Preamble

further to amend the Assam Value Added Tax Act, 2003 (Assam Act VIII of 2005).

Whereas it is expedient further to amend the Assam Value Added Tax Act, 2003, hereinafter referred to as the principal Act, in the manner hereinafter appearing;

It is hereby enacted in the Sixty-fourth Year of Republic of India as follows:-

1. Short title, extent and commencement

(1) This Act may be called the Assam Value Added Tax (Amendment) Act, 2013. (2) It shall have the like extent as the principal Act.

(3) It shall come into force at once:

2. Amendment of Section 12

In the principal Act, in section 12, for the words and punctuation mark, ",in the circumstances in which no tax under section 10 is leviable on the sale price of such goods", appearing between the words "any person" and "shall be liable", the words "who is not a dealer registered under the Act" shall be substituted.

3. Amendment of Section 14

In the principal Act, in section 14, -

(i) in sub-section (3), for the words "The input tax credit", appearing in the beginning, the words "Subject to other provisions of this section the input tax credit" shall be substituted;

(ii) after sub-section (3), a new sub-section (3A) shall be inserted, namely:-

"(3A) Notwithstanding anything contained in this section, if goods, other than the goods specified in the Fourth Schedule, which are taxable at the rate of four percent or above under this Act, are sold in the course of interstate trade or commerce to a registered dealer at the concessional rate of tax applicable under sub-section (1) of section 8 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956), the input tax credit shall be reduced by the amount of tax calculated at the rate of two percent of the purchase price excluding tax of such goods or the raw materials and packing materials used in the manufacture of such goods. Such input tax credit shall be reduced in the month in which such interstate sales take place.";

(iii) in sub-section (6), -

(a) in clause (h), for the existing proviso, the following shall be substituted, namely:-

"Provided that input tax credit may be allowed for the tax paid in excess of the amount of tax calculated at the rate of four percent on the purchase price excluding tax of goods.";

(b) in clause (i), for the existing proviso, the following shall be substituted, namely:-

"Provided that input tax credit may be allowed for the tax paid in excess of the amount of tax calculated at the rate of four percent on the purchase price excluding tax of raw materials utilized in manufacture of goods.".

4. Amendment of Section 74

In the principal Act, in section 74, -

(i) in sub-section (3), in clause (c), for the existing third proviso the following shall be substituted, namely ;-

"Provided also that on application of the dealer such authority may release such books of accounts, registers and other documents before expiry of ninety days with prior approval from the Commissioner if the amount involved in the Notice of Demand issued against such seizure by such authority does not exceed Rupees five lakhs and with prior approval from the Government if the amount involved exceeds Rupees five lakhs.";

(ii) in sub-section (5), in clause (b), for the words "thirty days", appearing between the words "a notice to show cause within a period of" and "of service of such notice", the words "fifteen days" shall be substituted.

5. Amendment of Section 79

In the principal Act, in section 79, in sub-section (11), in clause (b), Explanation-I shall be omitted.

6. Amendment of Section 89

In the principal Act, in section 89, in sub-section (1), in the proviso, for the words and sign "twenty-five percent", appearing between the words "which is less than" and "of the amount", the words "one hundred percent" shall be substituted.

7. Amendment of Section 103

In the principal Act, in section 103, -

(i) in sub-section (1), -

(a) in clause (b), between the words "Cost Accountant" and "who", the words "or Company Secretary" shall be inserted;

(b) in the last paragraph, between the words "Cost Accountant" and "or", the punctuation mark and words ", Company Secretary" shall be inserted;

(ii) in sub-section (2), -

(a) in the first paragraph, between the words "Cost Accountant" and "or", the punctuation mark and words "Company Secretary" shall be inserted;

(b) in clause (ii), between the words "Cost Accountant" and "or", the punctuation mark and words ",Company Secretary" shall be inserted.

MOHD. A. HAQUE,

Commissioner and Secretary to the Govt. of Assam,

Legislative Department, Dispur.