BOMBAY SALES OF MOTOR SPIRIT TAXATION (GUJARAT AMENDMENT) ACT, 2005
GUJARAT ACT NO. 28 OF 2005.
(First published, after having received the assent of the Governor in the "Gujarat Government Gazette" on the 15th September, 2005).
An Act further to amend the Bombay Sales of Motor Spirit Taxation Act, 1958.
It is hereby enacted in the Fifty-sixth Year of the Republic of India as follows:-
Short title.
1. This Act may be called the Bombay Sales of Motor Spirit Taxation (Gujarat Amendment) Act, 2005.
Amendment of section 2 of Bom. LXVI of 1958.
Bom. LXVI of 1958.
2. In the Bombay Sales of Motor Spirit Taxation Act, 1958 (hereinafter referred to as “the principal Act”), in section 2, after clause (j), the following clause shall be inserted, namely:-
“(jj) “tax” means tax, additional tax and turnover tax leviable and payable under this Act;”.
Insertion of new section 6A in Bom. LXVI of 1958.
3. In the principal Act, after section 6, the following section shall be inserted, namely:-
Liability to pay interest on delayed payment.
“6A. (1) Where a trader does not pay the amount of tax within the time prescribed for the payment, there shall be paid by such trader, for the period commencing on the date of expiry of the time prescribed for its payment and ending on date of payment of the amount of tax, simple interest at such rate, not exceeding eighteen per cent, per annum, as may be prescribed, on the amount of tax not so paid or any less amount thereof remaining unpaid during such period.
(2) Where the amount of tax assessed for any period under section 6, subject to appeal under section 16, revision under section 17 or reference under section 21, if any, exceeds the amount of tax already paid by a trader for that period, there shall be paid by such trader, for the period commencing from the date of expiry of the time prescribed for its payment and ending on date of order of such assessment, appeal, revision or, as the case may be, reference, if any, simple interest at such rate, not exceeding eighteen per cent, per annum as may be prescribed, on the amount of tax not so paid or any less amount thereof remaining unpaid during such period.
(3) Where a trader is liable to pay interest under section 6A and he makes payment of an amount which is less than the aggregate of the amount of tax, penalty and interest, the amount so paid by the trader shall be first applied towards the amount of interest, thereafter the balance, if any, towards the amount of penalty and thereafter the balance, if any, towards the amount of tax.
(4) The State Government may, by general or special order, waive the whole or any part of interest payable under this section in such circumstances, on such terms and conditions and for such period as may be prescribed.”.
Amendment of section 36 of Bom. LXVI of 1958.
4. In the principal Act, in section 36, in sub-section (2), after clause (b), the following clauses shall be inserted, namely:-
“(bb) the rate at which the interest shall be charged under sub-sections (1) and (2) of section 6A;
(bbb) the circumstances in which, the terms and conditions on which and the period for which the interest may be waived under sub-section (4) of section 6A;”.
Amendment of section 37 of Bom. LXVI of 1958.
5. In the principal Act, in section 37 and the marginal note thereof, for the word “fees”, the words “fees, interest” shall be substituted. |
