Short title and commencement:-
1. (1) This Act may be called the GUJARAT SALES TAX (AMENDMENT) ACT, 1992.
(2) It shall be deemed to have come into force on the 1st November, 1991.
Amendment of section 41 of Gujarat 1 of 1970:-
2. In the Gujarat Sales Tax Act, 1969 (hereinafter referred to as “the principal Act”), in section 41, to sub-section (3), the following proviso shall be added, namely:-
“Provided that where a notice under this sub-section is not issued to the dealer-
(a) on or before the 31st March, 1992, in relation to any year commencing on any day before the 31st March, 1990, or
(b) within a period of one year from the date by which the last quarterly or, as the case may be, annual return is required to be furnished under sub-section (1) of section 40, in relation to any other year subsequent to the year referred to in clause (a),
The dealer shall be deemed to have been assessed on the basis of and for the year for which quarterly returns or, as the case may be, annual return is furnished by the dealer:
Provided further that nothing in the preceding proviso shall apply-
(a) to a dealer whose turnover of purchases or turnover of specified sales or turnover of sales during a year exceeds five lakhs rupees or the tax payable in respect of that year exceeds five thousand rupee;
(b) to a dealer who has not made payment of the amount of tax within the time prescribed for its payment under sub-section (1), (2) or (3) of section 47;
(c) to a dealer who has not filed the return within the prescribed time;
(d) to a dealer who makes on or before the 31st March, 1992, or as the case may be, within a period of one year referred to in clause (b) in the preceding proviso, an application to the Commissioner for being assessed:
Provided also that the Commissioner may, subject to such conditions as may be prescribed, including those relating to condonation of delay in payment of tax or filing of return, allow the deemed assessment in respect of such a dealer.”
Amendment of section 45 of Gujarat 1 of 1970:-
3. In the principal Act, in section 45,-
(1) in sub-section (5),-
(a) in clause (a), the figures “19” shall be deleted;
(b) for the words “Twenty percent” the words “twenty-five per cent” shall be substituted;
(2) for sub-section (6), the following shall be substituted, namely:-
“(6) Where under sub-section (5), a dealer is deemed to have failed to pay the tax to the extent mentioned in the said sub-section, there shall be levied on such dealer a penalty not exceeding one and one-half times the different referred to in sub-section (5).”
(3) after sub-section (10), the following sub-section shall be added, namely:-
“(11) This section as amended by section 4 of the Gujarat Sales Tax (Amendment) Ordinance, 1991 shall apply and shall be deemed always to have applied in relation to the liability to pay tax on sale of goods, specified sales and purchases of goods, which have taken place during the period commencing on the 1st April, 1990 and ending immediately before the commencement of the said amending section.”
Amendment of section 47 of Gujarat 1 of 1970:-
4. In the principal Act, in section 47,-
(1) in sub-section (4),-
(a) in clause (a), in sub-clause (ii), for the figures and words “19 or 50, and”, the figures “50” shall be substituted;
(b) in clause (b), after the figures “46”, the word “and” shall be added;
(c) after clause (b), the following clause shall be added, namely:-
“(c) the amount of interest, if any, under sub-section (4A),”;
(2) for sub-section (4A), the following shall be substituted, namely:-
“(4A) (a) Where a dealer does not pay the amount of tax within the time prescribed for its payment under sub-section (1), (2) or (3), then there shall be paid by such dealer for the period commencing on the date of expiry of the aforesaid prescribed time and ending on date of payment of the amount of tax, simple interest, at the rate of twenty-four per cent, per annum on the amount of tax not so paid or on any less amount thereof remaining unpaid during such period.
(b) Where the amount of tax assessed or reassessed for any period, under section 41 or section 44, subject to revision if any, under section 67, exceeds the amount of tax already paid by a dealer for that period, there shall be paid by such dealer, for the period commencing from the date of expiry of the time prescribed for payment of tax under sub-section (1), (2), or (3) and ending on date of order of assessment, reassessment or, as the case may be, revision, simple interest at the rate of twenty-four per cent, per annum on the amount of tax not so paid or on any les amount thereof remaining unpaid during such period.
(c) Where a dealer does not pay the amount of tax falling under clause (1) of sub-section (4) on or before the date specified in the notice issued under that sub-section, then there shall be paid by such dealer for the period commencing on the specified date and ending on the date of payment, simple interest at the rate of twenty-four per cent, per annum on the amount of tax not so paid or any less amount thereof remaining unpaid during such period:
Provided that no interest shall be payable under clause (b),-
(i) in the case where dealer has furnished the returns or declarations and made payment of the amount of tax in accordance with the provisions of sub-section (1), (2) or (3) and the different between the amount of tax assessed or reassessed for any period and the amount of tax so paid for such period does not exceed ten per cent, of the amount of so tax paid by the dealer;
(ii) in the case where assessment proceeding are stayed under the first proviso to sub-section (1) of section 42, in respect of the period of such stay;
(iii) in the case where any assessment is kept pending in accordance with a general or special order of the State Government or the Commissioner, in respect of the period for which the assessment is kept pending;
(iv) in the case where on account of an order passed under section 67 an additional amount of tax becomes payable by a dealer, on such additional amount of tax for the period commencing on the date of order of assessment and ending on the date of the order so passed.”
(v) in the case where on account of a judgment of the Gujarat High Court or the Supreme Court an additional amount of tax becomes payable by a dealer, on such additional amount of tax for the period ending on the date of such judgment.
(3) after sub-section (5), the following sub-section shall be added, namely:-
“(6) This section as amended by section 5 of the Gujarat Sales Tax (Amendment) Ordinance, 1991 shall apply and shall be deemed always to have applied in relation to the liability to pay tax on sales of goods, specified sales and purchases of goods which have taken place during the period commencing on the 1st April, 1990 and ending immediately before the commencement of the said section.”
Repeal and Savings:-
5. (1) The Gujarat Sales Tax (Amendment) Ordinance, 1991 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. |
