The Assam Value Added Tax (Amendment) Act, 2014

Registered No.-7 68/97
THE ASSAM GAZETTE
. ~~q
EXTRAORDINARY
2ti~ <fS{~~ ~ ~
PUBLISHED BY THE AUTHORITY
o:f~ 2 0 6 ~~, ~~, 19 ~~, 2014, 28 ~, 1 9 36~)
No. 206 Dispur, Friday, 19th Septe mber, 20 14, 28th Bhadra , 1936 ( S. E.)
GOVERNM ENT OF ASSA M
ORDERS BYTH EGOV ERNOR
LEGISLATIVE D EPARTME T::: LEGISLATIVE BRA NCH
NOTIFIC ATION
The 19th Se ptember, 2014
No. LGL.6/2003/93.- The following Act of the Assam Legislative Assembly which received
the assent of the Governor is hereby publi shed fo r general inform ation .
ASSAM ACT NO. IX OF 2014
(Received the assent of the Governor on 15th September, 2014)
THE ASSAM VALUE ADDED TAX (AMENDMENT) ACT, 2014
894
Preamble.
THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014
AN
ACT
further to amend the Assam Value Added Tax Act, 2003 .
Whereas it is expedient further to amend the Assam Value Added Tax
Act, 2003, hereinafter referred to as the principal' Act, in the manner . hereinafter
appearing;
It is hereby enacted in the Sixty-fifth Year of the Republic of India as
follows:-
Assam
Act,VIII
of 2005
Short title, extent
and commence­
ment.
Amendment of
section 2
Amendment of
section 10
Amendment of
section 13
1.(1) This Act may be called the Assam Value Added Tax (Amendment) Act,
2014 .
(2) It shall have the like extent as the principal Act.
(3) lt shall come into force at once .
2. In the principal Act, in section 2, in clause (44), in Explanation II, for sub­
clause (ii), the following shall be substituted, namely :-
"(ii) any amount allowed by seller of goods to the purchaser as cash discount
or commission or trade discount at the time of sale of goods subject to
the condition that such discount or cOinmission is shown in the original
invoice;".
3. In the principal Act, in section 10, after sub-section (3), the following new
sub-section (4) shall be inserted, namely :-
"(4) Notwithstanding anything contained in this Act, wherever any credit
note is to be issued for discount or sales incentive by any registered
dealer to another registered dealer after issuing invoice, the selling
dealer shall pass the credit note without disturbing the tax component
on the price in the original invoice." .
4. In the principal Act, in section 13,-
(i) in sub-section (I), clause (c) shall be omitted.
(ii) after sub-section (2), the following new sub-section (3) shall be
inserted, namely:-
"(3) Notwithstanding anything contained in this Act, if after issuing
invoice, any amount is allowed by a selling dealer to a purchaser as
cash discount or commission or trade discount or sales incentive or
otherwise and such amount is adjusted through credit note issued by
such selling dealer to the purchaser or by any other means, the selling
dealer shall not be allowed to reduce his output tax liability on
account of such deduction ."
S. M. BUZAR BARUAH,
Secretary to the Government of Assam,
Legislative Department , Dispur.
Guwahati : Printed and Published by the D y. Director (P & S), Directorate of Ptg . & Sty. Assam , Guwahati-21.
Ex Gazette No. 411 - 300 + 100 - 19 - 09 - 20 14.
THE ASSAM GAZETTE
~~e.t
EXTRAORDINARY
ett~ <tS-{':iCif ~ ~
PUBLISHED BY THE AUTHORITY
i{~ I551ifxt~, ~~, 261.!1ita;,2013, 6 Cf'qj~ , I935~)
No.I55 Dispur, Friday,26th April, 2013, 6th Baisakha, 1935 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH
NOTIFICATION
The 26th April, 2013
No. LGL.6/2003179.- The following Act of the Assam Legislative Assembly
which received the assent of the Governor is hereby published for general information.
ASSAM ACT NO. VII OF 2013
(Received the assent of the Governor on 22nd April , 2013)
THE ASSAM VALUE ADDED TAX (AMENDMEN T) ACT, 2013
Preamble.
Short tit le, extent
and commence­
ment.
Amendment or
section 12.
AN
ACT
I I
further to amend the Assam Value Added Tax Act, 2003 .
Whereas it is expedient further to amend the Assam Value Added Tax
Act, 2003 , hereinafter referred to as the principal Act, in the manner hereinafter
appearing;
'? Ii
It is hereby enacted in the S ixty-fourth Year of Republic of India as
follows:-
,.I ,
1.(1) This Act may be called ' the Assam ValueAdded Tax (Amendment) Act,
20 13. I" ," ',II
(2) It shall ha ve the like extent as the principal Act .
.:i 1
(3) It shall come into force at once .r ' :;.
2. In the principal Act, in section 12, for the words and punctuation mark, ",in
the circumstances in which no tax under section lOis leviable on the sale
price of such goods" , appearing between the words "any person" and "shall
be liable", the words "who is not a dealer registered under the Act" shall be
substituted. - "
Assam
Act VIII
of 2005.
Amendment or
section 14
• , • •• J. I
3. In the p rincipal Act, in section 14, ­
~ I
l\
(i) in sub-section (3), for the words "The input tax credit", appearing in the
beginning, the words "Subject to other provisions of this section the
input tax credit" shall be'substinited;
(ii) after sub-section 0', a new sub-section (3A) shall be inserted, namely :-
"(3A) Notwithstanding anything contained in this section, if goods, other
than the goods spec ified in the Fourth Schedule, which are taxable
, at the rate of four percent or above under this Act, are sold in the
course of interstate trade or commerce to a registered dealer at the
': ,,' concessional rate of ,!ax ' applicable under sub-section (I) of
section 8 of the Central Sales Tax Act, 1956, the input tax credit
shall be reduced by the amount of tax calculated .atthe rate of two
percent of the purchase price excluding tax of such 'goods or the
raw materials and packingmaterials used in the manufacture of
such goods . Such input tax credit shall bereduced in the month in
which such interstate sales take place.";
(iii) in sub-section (6), -
(a) in clause (h) , for the existing proviso, the following shall be
substituted, namely :-
"Provided that input tax credit may be allowed for the tax paid in
excess of the amount of tax calculated at the rate of four percent on
the purchase price excluding tax of goods.";
Central
Act74
or 1956.
THE ASSAM GAZETTE, EXTRAORDINARY , APRIL 26, 2013 1025
Amendment of
section74.
Amendment of
section79.
Amendment of
section89.
Amendment of
section103.
(b) in clause (i), for the existing p roviso, the following shall be
substituted, namely:-
"Provided that input tax credi t may be allowed for the tax paid in
excess of the amount of tax calculated at th e rate of four percent on
the purchase price excluding tax of raw m aterials utilized in
manufacture of goods.".
4. In the principal Act, in section 74 , -
(i) in sub-section (3) , in clause (c), for the existing third proviso the following
shall be substituted, namely ;-
"Provided also that on application of the dealer such authority may release
such books of accounts, registers and other documents before expiry of
ninety days with prior approval fro m the C ommissioner if the amount
involved in the Notice of Demand issued against such seizure by such
authority does not exceed Rupees five lakhs and with prior approval from
the Government if the amount involved exceeds Rupees five lakhs.";
(ii) in sub-section (5), in clause (b), for th e w ords "thirty days", appearing
between the words "a notice to show cause within a period of' and "of
service of such notice", the words "fifteen days" shall be substituted .
5. In the p rincipal Act, in s ection 79, in sub -section (II), in clause (b),
Explanation-I shall be omitted.
6. In the principa l Act, in se ction 89, in sub-section (1), in the proviso, for the
words and sign "tw enty-five percent", appearing between the words ''which
is less than " and "of the amount", the words "o ne hundred percent" shall be
substituted.
7. In the principal Act, in section 103,-
(i) in sub-section (1), -
(a) i n clause (b), between the words "Cost Accountant" and "who",
the words "or Company Secretary" shall be inserted;
(b) in the last paragraph, between the words "Cost Accountant" and
"or", the punctuation mark and words ", Company Secretary"
shall be inserted;
(ii) in sub-section (2), -
(a) in the first paragraph, between the words "Cost Accountant" and
"or", the punctuation m ark and w ords " , Company Secretary"
shall be inserted;
(b) in clause (ii), between the words "Cost Accountant" and "or",
the punctuation mark and words", Company Secretary" shall be
inserted.
MOHD. A. HAQUE,
Commissioner and Secretary to the Govt . ofAssam,
Legislative Department, Dispur.

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