The Assam Sales Tax (Amendment) Act, 1967

r , • r I~ The 3rd October 1967 No.LJL.12/67/17.-The following Act of the Assam Legislative Assembly which received the assent of the President is hereby :published for genera.l information. ASSAM ACT XIV OF 1967 (Received the assent of the President on 2nd October, 1967) THE ASSAM SALES TAX (AMENDMENT) ACT, 1967 [Published in the Assam Gazelle, Extraordinary, dated the 4th October, 1967] ; • c An Act further to amend the Assam Sales Tax Act, 1941 Preamble. WHEREAS it is expedient further to amend the Assam Sales Tax Act, 1947, hereinafter called the Assam Act principal Act, in the manner hereinafter appearing; XVII of 1947. It is hereby enacted in the Eighteenth Year of the Republic of India as follows :- Short title, extent and commence­ ment. 1. (1) This Act may be called the Assam Sales Tax (Amendment) Act, 1967. (2) It shall have the like extent as the prin.. cipal Act. (3) It shall come into force on such date as the State Government may, by noti­ fication in the official Gazette. appoint. --L.-----=--=--~====:::::±:::=;;;;::::========:::=:::=========A:::==:;:::;;::= , , . 2 Substitution 2. For section 6 of the principal Act , the following of section 6 shall be substitut ed namely:- of Assam ' Act XVII of 1947. . "L~it. of 6. The provisions of this Act shall not apply application tothe sale of- of the Act. ~ (1) Goods taxable under the Assam (Sales of Assam Act Petroleum and Petroleum Products, IX of 1956. including Mot or Spirit and Lubri- cants) T axation Act, 1955. (2) Goods specia lly exem pted under the: pro­ visions of this Act. (3) Goods taxable under the Assam Finance (Sales T ax) Act, 1956." Amendment 3. In section 15 of the principal Act , in sub­ of section 15 section ( 3) , for clauses (a), (b) , (c) and (d). the :tct x~:t~following shall be subst ituted, namely:- 1947. " (a) goods taxed at the ra te: of 6 paise in the rupee~5'66 per cen tum. (b) goods taxed at th e rate of3 paise in the rupee-2'91 per centum. Cc) goods taxed at the rate of 1 paisa in the rupee-O'99 per centum." Ame~dment 4. In section 117 of the principal Act, for °ffsectAslon 17 sub.section (1) the following shall be substituted, o sam I Act XVII name y:- of 1947. "(1) At the close of a half-year or at the closure of the business during that half-year, if the Commi ssioner is satis- i fled that th e returns furnished by a dealer under section 16 in respect of that half-year are correct and complete, he shall , by an order in writing, assess the deale r and determine the tax payable by him on the basis of such returns." Insertion 5. After section 35 of th e principal Act, the ggA sectio~ following shall be inserted as section 35A, namely s-« AMaro Act XVII of 1947· - "Interest 3SA; (1) If any registered dealer does not pay payable by into a Government Treasury the full amount of tax dealer. due from him under this Act on the basis of the return or his account - books within the pres­ cribed date, simple interest at the rate of six per cent - per annum from the first day of the month next following the said date shall be pay- - 'able by th e dealer upon the amount by which -the tax' so paid fulls short of the amount of tax payable as per his return or account books. If such amount of tax and interest are not paid within thirty days from the date from which the ·' Rate of tax 3 paise in the rupee. I paisa in the rupee. 6 paise in the rupee." "Schedule II (See Section 4-) Classes of goodsSerial No. I Declared gOOd9 2 Readymade garments 3 Other goods [other than the goods taxable under the Assam Finance (Sales Tax) Act, 1956 and the Assam (Sales of Petroleum and Petroleum Products' including Motor Spirit and Lubricants) Taxation Act, 1955.] interest is due, simple interest upto a maximum ot twenty-four per cent per annum shall be payable as may be prescribed. . (2) Where on making the assessment, the Com­ missioner finds that a dealer has not maintained the account books properly and thereby he has suppressed th e sale of goods in any period, the Commissioner may direct him to pay interest as prescribed in sub-section (1). If the amount of tax payable under the Act has been reduced in appeal or revision, the interest may be calculated on the reduced amount. (3) If any registered dealer does not pay into the Gov ernment Treasury the amount of tax within th e date as provided in sub-section (4) of section 34 or an y instalment of the tax within the extended date as per proviso to sub-section (1) of section 36 of -the Act, interest as provided in sub-section (1) shalI be payable from the first day of the month next following the said date by the dealer upon the amount by which the tax if any paid falls short of the amoun t of tax payable under the Act." Amendment 6. The existing section 37A of the principal Act o~;~tJ~n shall be renumbered as sub-section (1) and th en the f\ ssa m c:..ct following shall be inserted as su b-section (2), ( XVII of namely:- 1917. "(2) The State Government may, by rules, provide that in such circumstances and subject to such conditions as ma y be prescribed, a draw back, set off, or a refund of the whole or any part of the tax paid in respect of any purchase of raw materials under this Act for use by any dealer in the manufacture ofgoods for sale, be granted to such dealer." mnd ment 7. For Schedule II to the principal Act, the of Schedule following shall be subs tituted namely: - llmA~m ' Act XVII of 19i7. B. SARMA, Secy, to the Covt. of Assam, Law Deptt.