Measures for registered dealer holding eligibility certificate under West Bengal Sales Tax Act, 1994.
118. (1) Notwithstanding anything contained elsewhere in this Act,--
(a) where a registered dealer has been enjoying, or has been entitled to enjoy, the benefit of deferment of tax under section 40, section 42 or section 43, as the case may be, of the West Bengal Sales Tax Act, 1994, for a specified period or for a specified amount determined 1[with respect to gross value of the fixed capital assets, and] who would have continued to be so illegible on such appointed day under that Act had this Act not come into force, may be allowed deferment of payment of output tax payable by him under this Act by the Commissioner, for the balance un-expired period or the balance eligible amount, as the case may be, with respect to gross value of the fixed capital assets, whichever expires earlier;
(b) where a registered dealer was enjoying benefit of tax holiday under section 39 of the West Bengal Sales Tax Act, 1994, for a specified period, immediately before the appointed day and who would have continued to be so illegible on such appointed day under that Act had this Act not come into force, may be allowed such tax holiday
2 [by way of exemption of output tax] payable by him under this Act by the Commissioner for the balance unexpired period or until the aggregate of the benefit of exemption from payment of tax enjoyed by such dealer under section 39 of the West Bengal Sales Tax Act, 1994, computed from the first day of April, 2003, exceeds the limit of two hundred per centum of gross value of the fixed capital assets, whichever expires earlier, in such manner and subject to such terms and conditions as may be prescribed;
(c) where a registered dealer has been enjoying, or has been entitled to enjoy, the benefit of remission of tax under section 41 of the West Bengal Sales Tax Act, 1994, for a specified period or for a specified amount determined 3[with respect to gross value of the fixed capital assets, and] who would have continued to be so illegible on such appointed day under that Act had this Act not come into force, may be allowed remission of tax under this Act by the Commissioner, for the balance unexpired period or balance eligible amount with respect to gross value of fixed capital assets, whichever expires earlier, in such manner and subject to such terms and conditions as may be prescribed.
(2) For the purposes of clause (a), clause (b) or clause (c), a complete British Calendar month shall be considered, wherever a part of a month is involved.
(3) For the purpose of clause (a), clause (b) or clause (c), the term "balance" means the period, or the eligible period, remaining unexhausted on the appointed day.
[1. Substituted w.e.f. 01.04.2005 [N. 1594 FT dt. 13.9.06] by S. 12(37)(a) of WB Act XVIII of 2006 for "with respect to gross value of the fixed capital assets, immediately before the appointed day and".
2. Substituted by S. 6 (29) of WB Act XIII of 2005 w.e.f. 1.4.2005 for "in a restricted manner by way of exemption from payment of ninety-five per centum of output tax".
3. Substituted w.e.f. 01.04.2005 [N. 1594 FT dt. 13.9.06] by S. 12(37)(b) of WB Act XVIII of 2006 for "with respect to gross value of the fixed capital assets, immediately before the appointed day and".]
118A. Amendment of eligibility certificate.
1 [118A. (1) Where any registered dealer referred to in sub-clause (a), or subclause
(b), or sub-clause (c), of sub-section (1) of section 118-- effects any change in the ownership of the business; or sells or otherwise disposes of the industrial unit in respect of which he has been granted the certificate of eligibility; or effects any change in the name of his business or class or classes of goods specified in his certificate of eligibility; or effects any change in the capacity of production of the industrial unit for which he has been granted the certificate of eligibility; or effects any change in the gross value of fixed capital assets of the industrial unit for the he has been granted the certificate of eligibility; or effects any change in the location of the industrial unit for which he has been granted the certificate of eligibility; or installs pollution control equipment in the industrial unit, he shall, within such period, in such manner and subject to such restrictions and conditions, as may be prescribed, inform the prescribed authority accordingly and the prescribed authority may amend the certificate of eligibility in accordance with the information furnished to him.
(2) A registered dealer shall not be eligible for the benefit referred to in sub-clause (a), or sub-clause (b), or sub-clause (c), of sub-section (1) of section 118, if such dealer contravenes any of the provisions of sub-section (1).]
[ 1. Inserted w.e.f. 01.08.2006 by S. 12(38) of WB Act XVIII of 2006.] |