Act Description : THE KERALA GENERAL SALES TAX (AMENDMENT) ACT, 2002 [1]
Act Details :-
ACT 4 OF 2002
THE KERALA GENERAL SALES TAX (AMENDMENT) ACT, 2002 [1]
An Act further to amend the Kerala General Sales Tax Act, 1963.
Preamble.-WHEREAS it is expedient further to amend the Kerala General Sales Tax Act, 1963 (15 of 1963) for the purposes hereinafter appearing;
BE it enacted in the Fifty-third year of the Republic India as follows:-
1. Short title and commencement.- (1) This Act may be called the Kerala General Sales Tax (Amendment) Act, 2002.
(2) Clauses (a), (b), (c) and (e) of section 3 and section 4 of this Act shall be deemed to have come into force on the 31st day of December, 2001 and section 2, clause (d) of section 3 and section 5 of this Act shall be deemed to have come into force on the 3rd day of April, 2002.
2. Amendment of section 5D.- In the Kerala General Sales Tax Act, 1963 (15 of 1963) (hereinafter referred to as the principal Act), in the proviso to section 5D, in clause (a) for the words and figures “serial No.12 of the Fifth Schedule”, the words and figures “serial No.108 of the First Schedule” shall be substituted.
3. Amendment of the First Schedule.- In the First Schedule to the principal Act,-
(a) after serial numbers 49 and entries against it, the following serial number and entries shall, respectively, be inserted, namely:-
“49 A. Cutlery At the point of first sale in the State 12”;
by a dealer who is liable to tax under
section 5
(b) after serial number 56 and the entries against it, the following serial number and entries shall, respectively, be inserted, namely:-
“56 A Computer Software At the point of first sale in the 4";
State by a dealer who is liable
to tax under section 5”
.
(c) in the entries against item (i) of serial number 106, in column (4) for the figure “4”, the figure “8” shall be substituted;
(d) after serial number 107 and the entries against it, the following serial number and entries shall, respectively, be inserted, namely:-
“108 Petroleum products, namely:-
(i)
High Speed Diesel Oil
At the point of sale in the State by any Oil Company liable to tax under section 5 except where the sale is by an Oil Company to another Oil Company and at the point of first sale in the State by a dealer who is liable to tax under section 5 when the sale is not by an Oil Company
40
(ii)
Kerosene
do
18
(iii)
Motor spirit including Light Diesel Oil (LDO) and excluding petrol, aviation turbine fuel and high speed diesel oil
do
50
(iv)
Naphtha
do
40
(v)
Petrol other than Naphtha
do
44
(vi)
Other Petroleum Products not elsewhere mentioned in this Schedule or in the Second Schedule
do
40
(vii)
Aviation Turbine Fuel including Aviation Gasoline
do
50
(viii)
Liquified Petroleum Gas
At the point of first sale in the State by a dealer who is liable to tax under section 5.
22
(ix)
Lubricating oil, grease, brakefluid, transformer oil and other quenching oils.
do
33
Explanation:- For the purpose of serial Number 108 (i) to (ix) above, “Oil Company” means the Cochin Refineries Ltd., Indian Oil Corporation Ltd., Bharat Petroleum Corporation Ltd., Hindustan Petroleum Corporation Ltd., Indo Burma Petroleum Company Ltd., and includes such other company as the Government may, by notification in the Gazette specify in this behalf”.
(e) for serial number 140 and the entries against it, the following serial number an entries shall, respectively, be substituted, namely:-
“140
(i)
Stainless steel sheets not falling under the Second Schedule.
At the point of first sale
in the State by a dealer
who is Liable to tax under
section 5.
8
(ii)
Articles of stainless steel not falling under the Second Schedule
At the point of first sale in the
State by a dealer who is liable
to tax under section 5
12”.
4. Amendment of the Third Schedule.- In the Third Schedule to the principal Act, serial number 12A and the entry against it shall be omitted.
5. Amendment of the Fifth Schedule.- In the Fifth Schedule to the Principal Act, serial number 12 and the entries against it and the Explanation thereunder shall be omitted.
6. Repeat and saving.- (1) The Kerala General Sales Tax (Amendment) Ordinance, 2002 (2 of 2002) and the Kerala General Sales Tax (Second Amendment) Ordinance, 2002 (4 of 2002) are hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said Ordinances shall be deemed to have been done or taken under the principal Act as amended by this Act.
