BOMBAY SALES OF MOTOR SPIRIT TAXATION (GUJARAT AMENDMENT) ACT, 1988
GUJARAT ACT NO. 9 OF 1988.
(First published, after having received the assent of the Governor in the “Gujarat Government Gazette” on the 4th August, 1988)
An Act further to amend the Bombay Sales of Motor Spirit Taxation Act, 1958.
It is hereby enacted in the Thirty-ninth Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Bombay Sales of Motor Spirit Taxation (Gujarat Amendment) Act, 1988.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint
Amendment of section 5A of Bom. LXVI of 1958.
Bom. LXVI of 1958.
2. (1) In the Bombay Sales of Motor Spirit Taxation Act, 1958 (hereinafter referred to as “the principal Act”) in section 5A, in sub-section (1), for the words “at the rate of twenty paise in the rupee”, the words “at the rate of twenty-five paise in the rupee” shall be substituted.
(2) The amendment made by sub-section (1) shall remain effective upto and inclusive of the 31st July, 1989.
Insertion of new section 5B in Bom. LXVI of 1958.
3. In the principal Act, after section 5A, the following section shall be inserted, namely:—
Levy and collection of turnover tax.
"5B. (1) Where the turnover of all sales of motor spirit by any trader liable to pay tax under this Act has exceeded Rs. 99,99,999 in any year, there shall be levied and collected turnover tax on the total turnover of sales effected by such trader at the rates specified in the Table below at a stage prescribed under sub-section (1) of section 5 for the purpose of levy and collection of tax under this Act.
TABLE
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Limit of turnover
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Rate of tax
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1.
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Where the total turnover is one crore of rupees or more but less than three crores of rupees.
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One per cent of the total turnover.
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2.
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Where the total turnover is three crores of rupees or more but less than five crores of rupees.
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One and one-fourth per cent of the total turnover.
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3.
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Where the total turnover is five crores of rupees or more.
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One and one-half per cent of the total turnover:
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Provided that such tax shall not be levied on any sale of motor spirit wholly exempt from, payment of tax under section 35.
(2) The turnover tax shall be paid by the trader referred to in sub-section (1) before furnishing the return for the period in which his turnover of all sales of motor spirit as computed from the commencement of the financial year first exceeds Rs. 99,99,999. The tax so payable shall be for the period from the commencement of the financial year to the end of the period covered by such return and the trader shall continue to be liable to pay the turnover tax for that year for all subsequent periods till the end of that year.
(3) Except as provided in sub-section (1) the provisions of this Act and the rules made thereunder shall, so far as may be, apply in relation to the turnover tax leviable under sub-section (1) as they apply in relation to the tax leviable under section 5.
(4) Notwithstanding anything contained in this Act, no trader liable to pay tax under this section shall collect any amount by way of turnover tax payable by him under this section.”.
Amendment of section 7 of Bom. LXVI of 1958.
4. In the principal Act, in section 7, for the words and figure "Where tax is levied and collected under section 5”, the words, figures and letter “Where tax under section 5 and additional tax under section 5A are levied and collected” shall be substituted.
Amendment of section 12 of Bom. LXVI of 1958.
5. In the principal Act, in section 12, in sub-section (1), in clause (a), for the words and figure “under section 5”, the words, figures and letters "under section 5, 5A and 5B” shall be substituted.
Insertion of new section 23AA in Bom. LXVI of 1958.
6. In the principal Act, in Chapter VII, under the heading “Offences, Penalties and Procedure”, before section 23, the following section shall be inserted, namely:—
Penalty for contravention of sub-section (4) of section 5B.
“23AA. If any trader collects any amount by way of turnover tax in contravention of the provisions of sub-section (4) of section 5B, he shall be liable to pay, in addition to any turnover tax for which he may be liable,—
(i) a penalty equal to such amount as shall not be less than the amount so collected or more than double such amount, in a case where the Collector has reason to believe that such person has wilfully contravened the provisions of sub-section (4) of section 5B, and
(ii) a penalty equal to the amount so collected, in any other case.”.
Amendment of section 27 and 28 of Bom. LXVI of 1958.
V of 1958.
V of 1974.
7. In the principal Act, in section 27 and in sub-section (2) of section 28, for the words and figures "Code of Criminal Procedure, 1898” the words and figures “Code of Criminal Procedure, 1973” shall be substituted.
Amendment of section 30 of Bom. LXVI of 1958.
8. In the principal Act, in section 30, in sub-section (1), in clause (i), for the words and figure “under section 5”, the words, figures and letters “under section 5, 5A or, as the case may be, 5B” shall be substituted.
Amendment of section 35 of Bom. LXVI of 1958.
9. In the principal Act, in section 35, in sub-section (2), in clause (b), for the words and figure “in section 5”, the words, figures and letters “in section 5, 5A and 5B” shall be substituted. |
