The Assam Purchase Tax (Amendment) Act, 1977

' .. f f I I tcgistercd Mo. A- I I The Assam Gazette EXTRAORDINARY ~fJ-~·~ 'iR1 ~ PUBLISHED BY AUTHORITY -------~~--=-===========-======::::::::::::::=c:::::::::::::==:-:--=== iii : 16 flf"I~~, ~~ "'9f l ~{ , ~ , 15 f~Ci>~<f , 1977, 24 ~tr"{M, 18'-)9 "1~ r-.u. lli3 Olspu, T h nrs chy, Decem!>er 15, 197 7, 24th Agra·h ayaua , 1899 (S. E.) - - ·=-:-:=======-=========:===========-=======- - . - - r·~-~~-. \ ' ·: ~~ . '~ .. ....... ':"- ., ... G OVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMEN r - .. ------ -...., NOTIFICATION 'I .(., The 15th December 1977 No.LGL.177/77/3.-The following Act of the Assam Legisla tive Assembly w h ich received the a ssent ef the Governor is hereby pu blished for gener al information. S 6~-!fE ASSAM GAZETTE, EXTRAORDINERY, DEC. 15, 1977 ASSAM ACT XXII OF 1977 (Received the assent of the Governor on 13th December, 1977) d THE ASSAM PURCHASE TAX (AMENDMENT) ACT, 1977 An Act, further to amend the Assam Purchase Tax Act, 1967 Preamble Short title, < xtcn t and co1n:nence .. mcnt . 'Vhereas it ia expedient further to amend the Assam Purchase Tax Act, 19 f> 7, hereinafter re ferred t as the principal Act in the manner hereinafter appearing ; It is hereby enacted in the Twenty ­ eighth year of the Republic of India as follows :- I. ( l ) This Act may be called the Assam Purchase Tax (Amendmen t ) Act, 1977. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment 2. In Section 2 of the principal Act, of Section 2 after clause ( 1), the following shall be of As sam Act . x1 x of 1967. inserted as cla se (I A), namd y:-- ' ' (IA) ''Business" includes - (i) any trade, comn:.er·ce or manufac­ ture or any ad \ entnre or concern in the nature of trade, comrr.erce or manufacture, whether or not such tradt:, commerce, manufacture,adven­ tu re or concern --is carried on with the motive to mal-e gain or profit and whether or not any gain or profit accrues from s·1ch trade, comrr.erce, manu­ facture adventure or concern ; and (ii ) any transaction with , or incidc:1 tal or such trade, commerce, adventure or concern ; in connection ancmary to, m <:.nufa. ctu re, ,, Assam Act X IX of 1967. THE ASSAM GAL~'~)'"E. EXTRAQ_~'._?INERY, DEC. 15, 1977 967 - Amen~ment 3. For Section , of Section 21 • of Assam Act Act, the followmg XIX of 1967. namely :- - 21 of - the principal shall be substituted, . "21 . Interest payable by dcaler-(1 ) if any dealer does not pay into a GoYernment TreJ.sury the full amo'unt of tax payable by him under this Ace by the due date simple interest at the rate of twelve per centum per annum from the first day of the month next fol lowing the said date shall be payable by him on the amount by which the tax paid, if any, by the due date falls short of the tax payable. No inte~·est under this sub-section shall be payable if the amount of tax paid by the due date is n<:t less than ninety per centum of the tax payable. (2) If such tax is not paid within a pe:-iod of sixty days from the due da1 e, then in addition to interest payable undet sub-sec1ion (1), the dealer shall be liable to pay simple interest at the rate of twe:1ty-four per centum pe1 annum from the day commencing after the said period · of sixty days on the amount by which the tax paid, if any, before the expiry of the said :reriod falls short of the amount of tax payable. (3) If any dealer does not pay the full amount of tax poyable by him under this Act . in respect of . any period between the 1st day of January, 1968 and the 30th September, 1977 before the commencement of the Assam Purchase Tax (Amendment) Act, 1977 he shall be liable to pay simple interest at t.l;ie rate of twenty-four per centum per annum from the said date of commencement on the amount b y which the tax paid, if any, be"ore such commencement falls short of the tax payable. ' ' i • \,to; THE ASSAM GAZETTE. EXTRAORDINERY, Df!C. 15, 1917 (4) Interest under this Section sh~l b~ payable till the tax payable is paid in foll: Provided that whe::e a dea.ler pays a part of the tax payable after the due date or, in a case .. covered by sub-section (3), after the commencement of the Assam Purchase Tax (Amendment) Act, 1917 he shall be liable fo pay interest at the appropriate rate on the whole of the tax payable upto the date of part pa1 ment and thereafter oh the balance tax payable. (5) Whe; e any interest becomes payable urider this Section, the officer competent to assess tQ.e deaie:i· under Section 8 shall record a.ii order to that effect sr ecifying the amount of interest pa ya b]e arid tLe amount on which and the period for which the interest is pay.able . . Notw~thstanding anything contained in tQ.is Act, . an order under this sub-section can, .be passed at any time when interest under this Section is found to be due. Ir • · • t6) Where an order is passed under sub- section (S) of Section 23 in respe~t of any ducl;, any interest relatablo to the same due:s. and .accrued under this. Section up­ to. the. date of such order and any further iriter~st accruing after sufh date shall be recove~·ed in t}le . course of proceedings initia­ .te<;l in. acc. ord. ance .. with the said sub-section (3J . ih iesped 'of the said dues and for that purpos'es no ·order under sub-section (5) of this Section or notic'e upder Section 19 shall be necessary in respect of 'such jnterest. Explanation I• - •, Explanation I-:i?or . th~ purpose$ of this ·~~<,:}Jori 1 "tax payable" me'<l,ns the amount of tax a~,' 4iially as~essed under Hu·s Act. · · iI-F'or the purposes of this Se'ction tax payable shall .- , THE ASSAM GAZETTE, EXTRAORDINERY, one. 1.5, 1977 969 ~ ---· • be deemed to be due for payment as follows : For any period :~ . (a) from 1st April to SOth June (b) from 1st July to 30th Sep­ tember. ( c) fro1n 1st October to 31st December. (d) from 1st January to 31st March. by 31st July by 31st Octob r. by 31st January. by 30th April· U. TAHBILDAR, Secretary to the Govt. of Assam, Legislative Assembly. -~~--~----------·· ----~-- Gi\UHATI-Printed and published by the Supdt. i/c., Aasarn Govt. Printing Perss (Ex-Gazette) No.33S-l,700+2!0-15·12·1977, ·