Short title and commencement:-
1. (1) This Act may be called the Gujarat Sales Tax (Amendment) Act, 1988.
(2) It shall be deemed to have come into force on the 24th March, 1988.
Amendment of section 45 of Gujarat 1 of 1970:-
2. In the Gujarat Sales Tax Act, 1969 (hereinafter referred to as “the principal Act”), in section 45, in sub-section (6), after the second proviso the following proviso shall be added, namely:-
“Provided also that, no penalty under this section shall be payable by a dealer for whom due date of payment has been extended, or installments have been granted under the first proviso to sub-section (4) of section 47 and to whom an Eligibility Certificate has been granted by the Commissioner of Industries, Gujarat State or any officer authorized by him in this behalf under the second proviso to sub-section (4) of the said section 47 and the payment have been in accordance with the provisions of this Act.”
Amendment of section 47 of Gujarat 1 of 1970:-
3. In the principal Act, in section 47,-
(1) in sub-section (4), after the proviso, the following proviso shall be added, namely:-
“Provided further that notwithstanding anything contained in this Act or in the rules made thereunder but subject to such conditions as the State Government or the Commissioner may be general or special order specify, where a dealer to whom incentives by way of deferment of sales tax or purchase tax or both have been granted by virtue of an Eligibility Certificate granted by the Commissioner of Industries, Gujarat State or any officer authorized by him in this behalf and where a loan liability equal to the amount of any such tax payable by such dealer has been raised by the Gujarat Industrial Investment Corporation Limited or the Gujarat State Financial Corporation Limited, then such tax shall be deemed, in the public interest, to have been paid.”;
(2) for the marginal note, the following shall be substituted, namely:-
“Payment of tax and deferred payment of tax, etc.”
Repeal and savings:-
4. (1) The Gujarat Sales Tax (amendment) Ordinance, 1988 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. |
