The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:-
West Bengal Act I of 2014
EXTRACT OF THE WEST BENGAL FINANCE ACT, 2014.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 11th March, 2014.]
An Act to amend the Indian Stamp Act, 1899 (2 of 1899), in its application to West Bengal, the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979 (West Ben. Act VI of 1979), and the West Bengal Value Added Tax Act, 2003 (West Ben. Act XXXVII of 2003). WHEREAS it is expedient to amend the Indian Stamp Act, 1899, in its application to the State of West Bengal, the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979, and the West Bengal Value Added Tax Act, 2003, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Sixty-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. Short Title and Commencement
(1) This Act may be called the West Bengal Finance Act, 2014.
(2) Save as otherwise provided, it shall come into force on such date, or shall be deemed to have come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
4. Amendment of West Ben. Act XXXVII of 2003
In the West Bengal Value Added Tax Act, 2003,-
(1) in section 2,-
(a) in clause (6), for the words "by notification specify, but shall not include second hand plant and machinery", the words "by notification specify" shall be substituted;
(b) in clause (19A), for the words "in respect of works contract executed within West Bengal", the words "in respect of works executed within West Bengal" shall be substituted;
(2) in section 7, in sub-section (1), for the words and figures "may constitute a West Bengal Sales Tax Appellate and Revisional Board for discharging the functions as referred to in section 87", the words and figures "may constitute a West Bengal Sales Tax Appellate and Revisional Board in Kolkata, and its different benches in other districts of the State, for discharging the functions as referred to in section 87" shall be substituted;
(3) in section 10, in sub-section (6), for the words, figures and brackets "under sub-section (2) or under sub-section (3) or under sub-section (4) of section 14", the words and figures "under section 14" shall be substituted;
(4) in section 24,-
(a) in sub-section (1),-
(i) first proviso shall be omitted;
(ii) second proviso shall be omitted;
(b) sub-section (2B) shall be omitted;
(5) in section 32,-
(a) in sub-section (2), in the fifth proviso, for the words, figures and letters "on or before the 30th day of June, 2013", the words, figures and letters "on or before the 31st day of July, 2014" shall be substituted;
(b) after sub-section (4), the following sub-section shall be inserted:-
"(4A) The provisions of sub-section (4) shall, mutatis mutandis, apply for collection of tax at source made in terms of section 40A.";
(6) in section 33, in sub-section (1), in the second proviso, for the words, figures and letters "on or before the 30th June, 2013", the words, figures and letters "on or before the 31st day of July, 2014" shall be substituted;
(7) after section 40, the following section shall be inserted:
"40A. Collection of tax at source.
(1) Notwithstanding anything contained in section 32 or any rules made thereunder or any terms of a contract to the contrary, the person responsible for paying any sum for intra-state purchase of taxable goods from any dealer, wholly or partly in pursuance of a contract between such dealer and the Government or a local authority shall, at the time of payment of any sum to such dealer by any mode of payment, deduct towards tax payable under section 16 an amount equal to such percentage or percentages, not exceeding the rate specified in clause (b) of sub-section (2) of section 16, of such sum, and in such circumstances, as may be prescribed.
(2) The provisions of sub-section (2) to sub-section (6) of section 40 shall, mutatis mutandis, apply for collection of tax at source to be made in terms of this section.";
(8) in section 43,-
(a) in sub-section (3), the following proviso shall be deemed to have been inserted with effect from the 1st day of April, 2012:-
"Provided that where a dealer pays in full the amount specified in the computation sheet, the return(s) submitted by the dealer for the relevant period shall be eligible to be considered for deemed assessment under section 47 or summary assessment under section 47AA, as the case may be.";
(b) in sub-section (5),-
(i) for the words, letters, figures and brackets "may deem fit and proper, not only for the reason as described in this sub-section read with clause (ca) of sub-section (1) of section 46 but also for any other reason as contained in other clauses of sub-section (1) of section 46 where it is required to do so and also act according to the provision of sub-section (2) and sub-section (3), of section 46", the words "may deem fit and proper" shall be substituted;
(ii) in the second proviso, for the words, letters, figures and brackets "clause (ca) of sub-section (1) of section 46", the words, figures and brackets "sub-section (1) of section 46" shall be substituted;
(iii) in the third proviso, for the words, letters, figures and brackets "under any of the clauses of sub-section (1) of section 46, other than clause (ca) of sub-section (1) of section 46", the words, figures and brackets "under sub-section (1) of section 46 for reasons to be recorded in writing" shall be substituted;
(c) in sub-section (5A),-
(i) for the words, figure and brackets "report drawn under subsection (3)", the words, figures and brackets "report, in respect of any selection made under sub-section (1) on or after the 1st day of April, 2012, drawn under sub-section (3)" shall be deemed to have been substituted with effect from the 1st day of April, 2012;
(ii) for the words "deemed to be an order of assessment and the computation sheet attached to the report shall be deemed to be a notice of demand", the words, figures and brackets "deemed to be an order of assessment under sub-section (1) of section 46 and the computation sheet attached to the report shall be deemed to be a notice of demand upon such assessment" shall be deemed to have been substituted with effect from the 1st day of April, 2012;
(iii) for the proviso, the following proviso shall be substituted:-
"Provided that where an amount of net tax or interest or late fee is found to have been paid in excess as mentioned in such report and computation sheet, on expiry of one month as stated above, the said computation sheet shall be deemed to be a notice of demand.";
(d) sub-section (6) shall be omitted;
(9) After Section 43A, the following section shall be inserted:-
"43AB. Audit by a special team.
(1) If at any stage of a proceeding initiated under the Act against a dealer, the Commissioner, having regard to the nature and complexity of the accounts, records and documents, has reasons to believe that the dealer is engaged in an activity detrimental to the State revenue, he may call for audit of such accounts, records and documents of the dealer by a special team of selected tax professionals to be nominated by him in such manner, and subject to such restrictions and conditions, as may be prescribed.
(2) The special team shall furnish a report of the audit in the prescribed form duly signed and verified by it and setting forth such other particulars as the Commissioner may require.";
(10) in section 47AA, in sub-section (2), for the words, figure and brackets "under sub-section (4)", the words, letter, figures and brackets "under sub-section (4), or unless an approval of the Commissioner is obtained for making assessment under clause (b) of sub-section (1) of section 46, in respect of any period starting on or after the 1st day of April, 2011" shall be substituted;
(11) in section 49, in sub-section (1),-
(a) in the second proviso, for the words, letters, figures and brackets "under clause (ca) of sub-section (1) of section 46", the words, figures and brackets "under sub-section (5) of section 43" shall be substituted;
(b) third proviso shall be omitted;
(c) fourth proviso shall be omitted;
(d) in the fifth proviso, for the words, figures, letters and brackets "under clause (e), or clause (ea), of sub-section (1) of section 46 is required to be made", the words, figures and brackets "under sub-section (1) of section 46 is required to be made by the Commissioner for any refund pertaining to that period" shall be substituted;
(e) in the seventh proviso, for the words and figures "on or before 31st day of December, 2013", the words and figures "on or before the 31st day of December, 2014" shall be substituted.
(12) in section 61, in sub-section (1), in clause (aa), for sub-clause (ii), the following sub-clause shall be substituted:-
"(ii) the sales to registered dealers within the meaning of section 3 of the Central Sales Tax Act, 1956 exceeds fifty per centum of total sales;";
(13) in section 87,-
(iii) third proviso shall be renumbered as the first proviso to that sub-section and in the first proviso so renumbered, for the words "Provided also that", the words "Provided that" shall be substituted;
(iv) to the first proviso so renumbered, the following provisos shall be added:-
"Provided further that where an application for revision has been filed on or after the 1st day of April, 2014, relating to the provisional assessment or any other assessment passed by appropriate authority by taking into consideration an adverse finding arising out of seizure of books of accounts or other records or goods or upon audit as referred to in section 43 or upon special audit as referred to in section 43A, and where in the first appeal or revision, such adverse finding is upheld by the first appellate or revisional authority, such appellate or revisional order shall not be revised by the Appellate and Revisional Board where any revision case relating to earlier period is already pending for disposal before it, unless the applicant produces the document relating to-
(a) proof of payment of five per centum of the disputed amount or rupees one lakh, whichever is less, and
(b) proof of payment of full amount of tax, interest and late fee, as the applicant may admit to be due from him:
Provided also that any payment made against disputed amount shall be adjusted as payment for the relevant assessment period.";
(b) after sub-section (1), the following sub-sections shall be inserted:-
"(1A) The Appellate and Revisional Board, in disposing of an application for revision, shall, for reasons to be recorded in writing, confirm, reduce, enhance or annul the final appellate or revisional order from an order of provisional assessment or any other assessment.
(1B) The applicant shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate and Revisional Board unless the Appellate and Revisional Board allows production of such evidence or document in the following circumstances:-
(a) if the appellate or revisional authority, whose order is under revision before the Appellate and Revisional Board, had refused to admit such evidence; or
(b) if the applicant seeking to produce additional evidence, establishes that even after exercising due diligence, such evidence was not within his knowledge or could not be produced earlier; or
(c) if the Appellate and Revisional Board requires production of any document for pronouncing its judgement or for any other substantial cause:
Provided that whenever additional evidence is allowed to be produced, the Appellate and Revisional Board shall record the reason for its admission.";
(14) to section 87A, after the first proviso, the following proviso shall be added:-
"Provided further that where an application for revision and the records relating thereto have not been transferred to such authority within the 30th day of September, 2012, such application for revision shall be deemed not to have been transferred to such authority and such application shall be disposed of by the Appellate and Revisional Board in accordance with the provisions of section 87 within the 31st day of December, 2014.";
(15) in Schedule A, after serial No. 20D in column (1) and entry relating thereto in column (2), the following serial No. in column (1) and entry relating thereto in column (2) shall be inserted:-
"20E. Human hair.";
(16) in Schedule C, in Part I,-
(a) after serial No. 30C in column (1) and the entry relating thereto in column (2), the following serial No. in column (1) and the entry relating thereto in column (2) shall be inserted:-
"30D. Gas stove including LPG stove the maximum retail price of which does not exceed rupees one thousand.";
(b) after serial No. 34 in column (1) and the entry relating thereto in column (2), the following serial No. in column (1) and the entry relating thereto in column (2) shall be inserted:-
"34A. Hair bands and hair clips.";
(c) after serial No. 77C in column (1) and the entry relating thereto in column (2), the following serial No. in column (1) and the entry relating thereto in column (2) shall be inserted:-
"77D. Sanitary napkins the maximum retail price of which does not exceed rupees twenty-five.".
By order of the Governor,
MALAY MARUT BANERJEE,
Secy. to the Govt. of West Bengal,
Law Department.