Applicability of TDS on WCT in SEZs in Andhra Pradesh

K Bala Kishan (Working) (631 Points)

10 March 2010  

GOVERNMENT OF ANDHRA PRADESH

                                      ABSTRACT

Andhra Pradesh Value Added Tax Act, 2005 – Amendment to the Schedule –I  and IV of APVAT Act, 2005 - Notification – Issued.

                             REVENUE (CT.II) DEPARTMENT

G.O.Ms.No.503,                                                            Dated: 08/05/2009,

                                                                                      Read:

 

          G.O. Ms.No.394, Revenue (CT.II) Dep’t., dt.31.3.2005.

 

 O R D E R:-

 

          The appended notification shall be published in extraordinary issue of the Andhra Pradesh Gazette.

 

2.       The Commissioner of Printing, Stationery and Stores Purchase, (Publication Wing), Andhra Pradesh, Hyderabad is requested to supply 100(one    hundred)  copies of the notification to Government  and 300        (three hundred) copies to the Commissioner of Commercial Taxes, Andhra Pradesh, Hyderabad.

 

 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 

                                                                   G.SUDHIR

                                                PRINCIPAL SECRETARY TO GOVERNMENT.

To

The Commissioner of Printing, Stationery and Stores Purchase (Publication Wing), A.P, Hyderabad for publication of the Notification (2 copies).

The Commissioner of Commercial Taxes, A.P. Hyderabad.

The General Administration (Vigilance & Enforcement) Department, B.R.K.R. Building, Hyderabad.

The Secretary, Sales Tax Appellate  Tribunal, Hyderabad.

The Secretary, Sales Tax Appellate  Tribunal, D.No.60-50-30/12(2),Meghana Towers, Opp: Gurudwara Bus Stop, Visakhapatnam – 530 013.

The State Representative before the Sales Tax Appellate Tribunal, Hyd.

The Director General, GA (Vig. & Enft.) Deptt., B.R.K.Buildings, Hyderabad.

Copy to:

The Accountant General, Andhra Pradesh, Hyderabad,

The Law (E) Department/Law (F) Department..

The P.S. to Principal Secretary to Chief Minister.

The P.S. to Minister for Commercial Taxes.

The P.S. to Principal Secretary to Government, Revenue Department.

Sf/Sc.

                             //forwarded : : by order //

                                                                  

 

                                                                             Section officer.

                                                                   { p.t.o for notification}

 

NOTIFICATION

 

 

In exercise of the powers conferred under Section 78 of the Andhra Pradesh Value Added Tax Act, 2005 (Andhra Pradesh Act No.5 of 2005), the Government of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Value Added Tax Rules, 2005 issued in G.O.Ms.No.394, Revenue (CT – II) Department, dt.31-03-2005 and published in the Rules Supplementary to Part-I Extraordinary Issue of the Andhra Pradesh.  Gazette No.29, dt.20-04-2005, and as subsequently amended form time to time.

 

 2.      The amendment shall be deemed to have come into force on and from 1.5.2009.

 

         

AMENDMENTS

 

 In the said rules:

 

 

 

(ii)     in sub-rule (2), after clause (1) the following clause shall be added namely;

 

“(j) Where tax is collectable at source as per sub-section (3-A) of section 22 of the Act, in case of a contractor who have opted for payment of tax by way of composition, tax @ 4% on the total value of the contract shall be collected and remitted by the contractee within fifteen days from the date of each payment made to the contractor.”

 

(iii)    in sub-rule (3), in clause ©, the words “and when the VAT dealer opts to withdraw from composition, he shall notify the prescribed authority of Form VAT 250A” shall be omitted.

 

(iv)    in sub-rule (4):

 

(a)     the existing clause (c) shall be omitted.

(b)     for clause (d) the following shall be substituted namely;

“(d) The VAT dealer shall have to pay tax by way of composition at the rate of four percent (4%) on twenty five percent (25%) of the total consideration received or receivable towards cost of land as well as construction or the market value fixed for the purposes of stamp duty, whichever is higher and the balance seventy five percent (75%) of the total consideration received or receivable shall be allowed as deduction for the purpose of computation of taxable turnover;”.

 

3.      in rule 18 after sub-rule (2), the following shall be added namely;

 

“(3) (a) Where tax is collectable at source as per sub-section (3A) of section 22 of the Act, tax @ 4% on the total value of the contract shall be collected and remitted by the contractee within fifteen days from the date of each payment made to the contractor.

             

(b) Where tax, collected at source as above, is in excess of the liability of the contractor, who have not opted for payment of tax by way of composition, such amount of tax, collected in excess of the liability shall be deemed to have been payable by the contractor and shall be liable to be forfeited.”