CONTENTS 

  

WEST BENGAL VALUE ADDED TAX ACT, 2003 

 

PRELIMINARY

 

1.         Short title, extent and commencement

2.         Definitions

 

TAXING AUTHORITIES, APPELLATE AND REVISIONAL BOARD AND BUREAU

 

3.         Commissioner

4.         Special Commissioner

5.         Additional Commissioner

6.         Other persons appointed to assist the Commissioner

7.         Appellate and Revisional. Board

8.         Bureau of Investigation

9.         Persons appointed under the Act to be deemed to be public servants

                       

INCIDENCE AND LEVY OF TAX

 

10.       Incidence of tax

11.       Incident of tax on purchase of raw jute

12.       Contingent liability to pay tax on purchase

14.       Liability to pay tax on transfer of property in goods involved in execution of works contract

15.       Liability of a casual dealer to pay tax

16.       Levy of tax on sales

16A.    Levy of tax on sales by casual dealer

17.       Levy of tax on turnover of purchases

17A.    Levy of tax on purchases by casual dealers

18.       Levy of tax on taxable contractual transfer price

19.       Power of the State Government to fix rates of tax on sale of goods specified in Schedule D

20.       Power of the State Government to amend Schedules

21.       Tax‑fee sale of goods

21A.    Zero‑rated sale

22.       Input tax credit or input tax rebate by a registered dealer

 

NEGATIVE LIST

LIST OF GOODS NOT ELIGIBLE FOR INPUT TAX CREDIT OR INPUT TAX REBATE

REGISTRATION OF A DEALER, ENROLMENT OF A TRANSPORTER, CARRIER OR TRANSPORTING AGENT, DEMAND OF SECURITY, AMENDMENT OR

CANCELLATION OF REGISTRATION OF A DEALER OR ENROLMENT OF A TRANSPORTER, CARRIER OR TRANSPORTING AGENT, INFORMATION TO BE FURNISHED BY A CASUAL DEALER,

DEALER IN CERTAIN CASES

PART I

REGISTRATION OF A DEALER, ENROLMENT OF A TRANSPORTER, CARRIEROR TRANSPORTING AGENT, DEMAND OF SECURITY, AMENDMENT OR CANCELLATION OF REGISTRATION EITHER SUO MOTU OR ON THE BASIS OF INFORMATION BY A DEALER AND AMENDMENT OR CANCELLATION OF ENROLMENT OF A TRANSPORTER,

CARRIER OR TRANSPORTING AGENT

 

23.       Bar to carry on business as a dealer without being registered

24.       Registration of a dealer

25.       Enrolment of transporters, carriers or transporting agents

26.       Security to be furnished by dealer, casual dealer or any other person including transporter, carrier or transporting agents

27.       Amendment of certificate of registration

27A     Information to be furnished by a registered dealer regarding changes of business

27B.     Transfer of business by a registered dealer

27C.    Partial transfer of business by a registered dealer

27D.    Declaration in respect of the manager or other officers of a registered dealer

27E.     Penalty for contravention of the provisions of sections 27A, 27B, 27C or 27D

28.       Amendment of certificate of enrolment

28A.    Cancellation of certificate of enrolment

29.       Cancellation of certificate of registration

30.       Option for cancellation of registration under specified circumstances

 

PART II

OTHER INFORMATION TO BE FURNISHED BY A CASUAL DEALER, A DEALER, ETC.

 

30A.    Statement to be furnished by persons, dealing in transporting, carrying, shipping, or clearing, forwarding or warehousing etc.

30B.     Information to be furnished by dealers in respect of transfer of goods otherwise than by way of sale

30C.    Penalty for non‑furnishing or furnishing of incorrect information under section 30B

30D.    Compounding of penalty that may be imposed under section 30C

30E.     Statements, accounts or declarations to be furnished by registered dealers and penalty for non‑furnishing the, same

30F.     Statements to be furnished by casual dealers

 

PAYMENT OF NET OF TAX OR ANY OTHER TAX INTEREST, PENALTY, FURNISHING OF RETURNS, AND DEDUCTION OF AMOUNT AT SOURCE TOWARDS PAYMENT OF TAX, ETC.

 

31.       Payment of net tax or any other tax, interest, penalty

31A.    Adjustment of reverse credit

32.       Furnishing of return by dealer

33.       Interest for non‑payment or delayed payment of net tax payable or for non‑reversal of input tax credit or input tax rebate

34.       Interest for non‑payment or delayed payment of assessed tax

34A.    Interest for failure to make payment of tax as referred to in clause (a) of section 118

35.       Exemption from payment of interest

36.       Interest payable by Commissioner

37.       Rounding off of net tax or any other tax payable for calculation of interest

38.       Rounding off of amount of net tax or any other tax, or penalty

39.       Collection of tax only by dealers liable to pay tax

40.       Deduction at source from payment to a dealer against execution of works contract

 

 

SCRUTINY AND VERIFICATION OF RETURNS AND STATEMENTS AND DOCUMENTS FURNISHED BY A DEALER, CASUAL DEALER, AND AUDIT OF ACCOUNTS AND OTHER DOCUMENTS MAINTAINED BY A DEALER

 

PART I

SCRUTINY AND VERIFICATION OF RETURNS FURNISHED BY, AND AUE OF ACCOUNTS AND OTHER DOCUMENTS MAINTAINED BY, A DEALE

 

41.       Scrutiny of returns

42.       Verification of returns

43.       Audit of accounts

44.       Credit and debit notes

 

PART II

SCRUTINY AND VERIFICATION OF STATEMENTS AND DOCUMENTS FURNISHED BY A CASUAL DEALER

 

44A.    Scrutiny and verification of statements and documents furnished by a casual dealer

 

PROVISIONAL ASSESSMENT AND ASSESSMENT UPON HEARING ANE DETERMINATION OF INTEREST

 

45.       Provisional assessment

46.       Assessment after giving notice to the registered dealer

47.       Assessment as per return

48.       Assessment of tax payable by dealers other than registered dealer

49.       Limitation for assessment

50.       Determination of Interest

51.       Rectification of mistake in determination of interest

52.       Assessment without prejudice to prosecution for any offence

53.       Assessment after partition or disruption or dissolution of Hindu Undivided Family, firm, or other association of persons and net tax, penalty or interest payable by a sole proprietor

 

RECOVERY OF TAX, PENALTY AND INTEREST AND REFUND

 

54.       Certain transfers of immovable property by a dealer to be void

55.       Recovery of tax, penalty and interest, appointment of Tax Recovery Officer, etc.

56.       Tax Recovery Officer to whom certificates to be forwarded

57.       Amendment of certificates for tax recovery

58.       Validity of certificates for tax recovery

59.       Transmission of certificates for tax recovery to Collector in certain cases

60.       Special mode of recovery of tax, penalty and interest by Commissioner

60A.    Recovery of admitted amount of net tax or any other tax, interest or penalty from a dealer other than registered dealer

61.       Refund to certain class of persons

62.       Refund of tax etc. paid in excess

 

MAINTENANCE OF ACCOUNTS ETC.BY A DEALER

 

63.       Maintenance of accounts, records etc.

64.       Compulsory issue of tax invoice, invoice, cash memo or bill

65.       Imposition of penalty for non‑issue or improper issue of tax invoice, invoice, cash memo or bill

 

FURNISHING OF INFORMATION, PRODUCTION, INSPECTION, SEARCH A SEIZURE OF ACCOUNTS, REGISTERS AND DOCUMENTS OF A DEALER CASUAL DEALER OR ANY OTHER PERSON AND SEALING OF ANY PLACE, ROOM AND ALMIRAH, ETC.

 

66.       Furnishing of information, production, explanation and inspection of accounts, registers and documents

66A.    Furnishing of information or statement by a bank, post office, railway, website holder, transporter etc.

67.       Seizure of accounts of a dealer or casual dealer or any other person

68.       Entry and search of place of business or any other place

69.       Sealing of any place or almirah, cabinet, safe, locker, drawer etc.

 

MAINTENANCE OF ACCOUNTS BY TRANSPORTER, CARRIER OR TRANSPORTING AGENT AND INSPECTION, SEARCH AND SEIZURE OF SUCH ACCOUNTS

 

70.       Maintenance of accounts by transporter, carrier or transporting agent, and inspection

71.       Entry into the place of, and search and seizure of accounts of, a transporter, carrier or transporting agent

72.       Power of the Commissioner to stop delivery of goods and seizure of such goods

 

 

MEASURES TO REGULATE TRANSPORT OF GOODS; CHECKPOSTS; SEIZI OF GOODS; IMPOSITION OF PENALTY; DISPOSAL OF SEIZED GOODS, ETC.

 

73.       Restriction on movement of goods

74.       Interception, detention and search of goods vehicles, load carried by a person and search of warehouse, etc.

75.       Stock of goods stored in undisclosed warehouse in contravention of section 73

76.       Seizure of goods

77.       Penalty for transporting goods in contravention of section 73 or section 81

78.       Penalty for contravention of the provisions of second proviso to sub‑section (1) or first proviso to sub‑section (2), of section 76

79.       Penalty for contravention of the provisions of section 73 when goods transported are not available

80.       Regulatory measures for transport of goods through West Bengal

81.       Measures to prevail evasion of tax on sales within West Bengal

82.       Exemption from operation of provisions of section 80 and section 81

83.       Setting up of check posts

 

APPEAL, REVISION, REVIEW, POWER OF TAKING EVIDENCE ON OATH AND REFERENCE

 

84.       Appeal against provisional or other assessment

85.       Suo motu revision by Commissioner

86.       Revision by Commissioner upon application

87.       Revision by Appellate and Revisional Board

88.       Review of an order

89.       Appeal, review or revision in certain cases

90.       Reasonable opportunity to be given to the person likely to be adversely affected

91.       Power of taking evidence on oath

92.       Reference to the Tribunal

 

OFFENCES AND PENALTIES, SPECIAL PROVISION FOR LIABILITY TO PROSECUTION AND COMPOUNDING OF OFFENCES

 

93.       Offences and penalties

94.       Special provision for liability to prosecution

95.       Compounding of offences

96.       Penalty for concealment of sales, purchases, contractual transfer price or for furnishing of incorrect particulars of sales or purchases or contractual transfer price or for claiming input tax credit or input tax rebate

 

MISCELLANEOUS

 

97.       Indemnity of Government servant

98.       Returns etc. to be confidential

99.       Clearance Certificate

100.     Permit for exhibition‑cum‑sale

101.     Penalty for organisation exhibition cum‑sale in contravention of section 100

102.     Determination of certain disputed questions

109.     Bar to proceedings in civil court

110.     Manner of payment of tax, penalty, interest, etc.

111.     Power of Commissioner to collect statistics from dealers

112      Power of State Government to prescribe rates of fees

113.     Power of State Government to engage any person, firm or company to collect certain information

114.     Power of State Government to make rules

115.     Saving in relation to sales outside West Bengal, inter‑State sales, and sales in course of import or export

116.     Payment of tax in respect of industrial units enjoying Deferment, Remission and Tax Holiday

117.     Penalty for contravention or misuse of provisions of section 116

118.     Measures for registered dealer holding eligibility certificate under West Bengal Sales Tax Act, 1994

119.     Special provisions for waybills, rules, regulations, notifications or orders issued under West Bengal Sales Tax Act, 1994

120.     Option to make payment of deferred tax at discounted rate

121.     West Bengal Sales Tax Act, 1994 not to apply on commodities governed by the West Bengal Value Added Tax Act, 2003

122.     Power to remove difficulties

123.     Amendment of West Bengal Act 49 of 1994

 

SCHEDULE A‑          GOODS ON SALE OF WHICH NO TAX IS PAYABLE

SCHEDULE AA‑SALES OF GOODS WHICH SHALL BE ZERO‑RATED

SCHEDULE B‑          LIST OF GOODS TAXABLE AT 1%

SCHEDULE C‑          LIST OF GOODS TAXABLE AT 4%

SCHEDULE CA‑LIST OF GOODS TAXABLE AT 12.5%

SCHEDULE D‑          GOODS ON WHICH TAX IS LEVIABLE AT SUCH RATE AS MAY BE FIXED BY NOTIFICATION UNDER SECTION 19

SCHEDULE E‑          AMENDMENT IN THE WEST BENGAL SALES TAX ACT, 1994

SCHEDULE IV‑GOODS ON SALE OF WHICH TAX IS LEVIABLE AT SUCH RATE AS MAY BE FIXED BY NOTIFICATION UNDER SECTION 18 (SINGLE‑POINT LEVY) READ WITH SUB‑CLAUSE (a) OF CLAUSE 40 OF SECTION 2