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Discussion > VAT >

Section 16(3) West Bengal vat act

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patner


[ Scorecard : 25]
Posted On 20 June 2011 at 15:42 Report Abuse

can someone please help me understand the composite scheme under section 16(3) of the wb vat act


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U S Sharma
glidor@gmail.com


[ Scorecard : 19381]
Posted On 20 June 2011 at 21:17

 

16(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), 
any registered dealer having liability to pay tax under this Act, many, at his 
option,–– 
(a)   if his gross sales in the year ending on the day preceding the appointed 
day does not exceed fifty lakh rupees ; or 
(b)   if his turnover of sales in the preceding year commencing on or after 22 
the appointed day 
3
[does not exceed fifty lakh rupees, or] 
4
[(c)   if his turnover of sales during the period from the commencement of 
the year in which he gets himself registered to the date of his 
registration, does not exceed fifty lakh rupees,] 
pay tax at such compounded rate not exceeding one  per centum of the total 
turnover of sales of such dealer in the year for which such option is required to 
be exercised, and subject to such conditions and restrictions as many 
prescribed, for each tax period of the year in view of tax payable under subsection (2) on all his sales: 
        Provided that the registered dealer having  liability to pay tax under this 
Act as stated in this sub-section shall not include–– 
(a) an importer; or 
(b) a manufacturer; or  
(c) a dealer engaged in execution of works contracts; or 
5
[(ca) a dealer who has purchased tea sold under the auspices of any tea 
auction centre in West Bengal duly authorised by the Indian Tea 
Board; or] 
(d) a dealer who transfers goods otherwise than by way of sale within or 
outside the State; or 
(e) a dealer who sells goods within the meaning of section 3 of the 
Central Sales Tax Act, 1956; or 
(f) a dealer who sells goods in the course of import of the goods into, or 
export of the goods out of, the territory of India within the meaning 
of section 5 of the Central Sales Tax Act, 1956: 
        Provided further that such dealer shall not be entitled to issue tax invoice 
referred to in clause (48) of section 2 of the Act:
        Provided also that a registered dealer who, in addition to the purchase of 
goods in course of his business in a year, have also received goods from the 
supplier within or outside West Bengal, on branch transfer or on consignment 
basis, for which no price has been paid, shall not be entitled to opt for payment 
of tax under such compounded rate: 
        Provided also that if during the period of enjoyment of payment of tax at 
compounded rate, turnover of sales of a dealer exceeds fifty lakh rupees, he 
shall become ineligible to pay tax under this sub-section from the 
commencement of the month immediately following the month during which 
his turnover of sales exceeded such sum. 




Sunil
Partner


[ Scorecard : 28]
Posted On 17 July 2014 at 10:53

Dear sir, if unknowingly of the above provisions someone fills form 16 can he pray for cancellation of his form 16 fill up and go back to normal filing of returns and if so also can he utilies rs 7000 paid challan for filing such returns.


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