The Assam Value Added Tax (Amendment) Act, 2016

Regist ered No. '~768 /97
THE ASSAM GAZETTE
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EXTRAOH..DINARY
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PUBLISHED BY THE AUTHORITY
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01~ 286 ~9rq, ~~, 26 \5ff~ , 20 16. 4 ~, 1938 (X!<f.)
No. 286 Dispur , Friday, 26t h August. 2016. 4th Bhadra, 1938 (S .E.)
GOVERNMENT OF ASSAM
ORDERS BYTHE GOVERNOR
LEGISLATIVE DEPARTMENT :: : LEGISLATIVE BRANCH
NOTIFICATION
The 26 th Augus t, 20 16
.. .
No. LGL.6/2003/160.- The following Act of the Assam Legis lative Asscm bly which recei ved the
asse nt of the Govemo r on 24th August , 20 16 is hereby published f or general information .
ASSAM ACT NO. IX OF2016
(Received the assent of the Governor on 24th Au gu st, 2016)
THE ASSAM VA LU E ADD ED TAX (AME,NDME NT) ACT, 2016 .
1332 THEASSAMG AZETTE,EXTRAORDINARY, AUGUST 26,2016
AN
ACT
to amend the Assam Value Added Tax Act, 2003.
Preamble .
Short title, extent
and commence­
ment ·
Amendment of
section 10.
Whereas it is expedient to amend the Assam Value Added T ax A ct.
2003, hereinafter refer red to as the principal Act, in the manner hereinafter
appearing ;
It is hereby enacted in the Si xty-seventh Year of the Republi c of
India as follow s: -
I. (1) This Act may he called th e Assam Value Ad ded Tax
(Amendment) Act, 20 16.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force on such date a s the State G overnment
may, by notification in the Official Gazette, appoint.
2. In the principal Act , in section 10, --­
(i ) in sub-section ( I), in clau se (b), -
(a) explanation 2(i ), shall be omitted:
(b) for explanation 3, the foll owing sha ll be substituted,
namely :-
"Explanation 3:- A tax on sale of goo ds specified in the
Fourth Schedule , shall be levied and collected on t he
Maximum Retail Price ill res pec t of such goods f or which
the Max imum Retail Price has been made as the base of'
levy against such good s in the sa id Schedule. For this
purpose, the base of lev y of tax 'shall be such "Maximum
Retail Price.";
(ii) after sub-section (1 A), the following new s ub-sections (1B)
(1C) and ( 1D) sha ll be inserted , namely :-
"(1 B) Notwithstanding anything contained in this Act, in case of
potable liquor ment ioned in the Fourth Schedule , except countr y
spirit, if the first sale of such item s is made b y a
manufacturer/bottling unit/distilleries /breweries (hereinafter
Assam
Act
VIII of
2005 .
THEASSAM GAZETTE, EXTRAORDINARY, AUGUST 26,2016
referred to as seller) located within the State , the wholesale
warehouse licensee or any other dealer, who purcha ses such
items from such seller, shall be liable to pay tax on purchase of
such items on the price consideration including exc ise duty.
Such wholesale warehouse licensee or any other dealer
purchasing such items shall make pre-payment of the tax
payable under this Act into the Govemment Account in the
prescribed mannerby a separate challan and hand over one copy
of the challan to such seller before removal of such items from
the possession of the seller.
(I C) Notwithstanding anything contained in this Act, in case of
potable liquor mentioned in the Fourth Schedule, except countr y
spirit. if the first sale of such items i s made by an
importer/wholesale warehouse licensee inside the State. he shall
be liable to pay tax on sale of such items. Such
importer/wholesale warehouse l icensee shall. before importing a
consignment of liquor inside the State , deposit an am ount in
advance equivalent to the amount of tax o n the estimated sale
price of such liquor. In the case of stock transfer, n o gross profi t
shall be considered for the purpose of computing the estimat ed
sale price . Such amount shall be deposited into the Go vernment
Account in the prescribed manner b y a separate challan and one
copy of such challan, along with the chall an showing pre­
payment of excise duty, shall be handed over t o the State Excise
Authority before issuance of ' import permit' of liquor .
The importer /wholesale warehouse licensee shall, h owever, be
eligible to take credit of the advance amount paid during a
month against the tax liability arising on the sale of liquor made
during the same month while furnishing the relevant tax return.
(1D) Notwithstanding anything contained in this Act, a
wholesale warehou se licensee or any other dealer, who
purchases such items from a man ufacturer/bottling
unit/distilleries/breweries (referred to as seller ) and i s liable t o
pay tax on his purchase or an importer /wholesale warehouse
licensee, who is liable to pay tax on his sale , under this section,
as the case may be, may, at his option, pay t ax on Maximum
Retail Price (MRP) basis without any deduction, at the rate
specified in entry lOA of the Fourth Schedule, in lieu of tax
payable on actual sale price at the rate specified in entry 10 of
the Fourth Schedule. Once an option is exercised, it shall be
binding for that year and subsequent years, until such dealer
withdraws his option in writing."
1333
shall be substituted,
1334 THEASSAMGAZETTE,EXTRAORDINARY, AUGUST 26,2016
(iii) for sub-section (2), the following
namely:-
"(2) Where the goods contained in container or packed in packing
materials are tax free, the sale of such container or packing
materials shall also be exempt from tax.";
=
Amendment of
section 20.
Amendment of
section 62.
(iv) in sub-section (3), -
(a) in clause (i), after second proviso, for the punctuation mark H.",
the punctuation mark H:" shall be substituted and thereafter the
following new proviso shall be inserted, namely:-
"Provided also that the provision of this sub-section shall only be
applicable in respect of sale transaction between registered broker
and registered buyer of Guwahati Tea Auction Centre and subject
to the condition that such buyer is also registered under this Act.";
(b) in clause (iii), for the words, HA dealer" appearing before the
punctuation mark ",", the words "A registered dealer" shall be
substituted;
3. In the principal Act, in section 20, -
(i) in sub-section (2), for the words, "not exceeding five percentum"
appearing in between the words , "but" and "of the total contract
value", the words "not exceeding six percentum" shall be
substituted;
(i) after sub-section (3), the following new sub-section (3A) shall
be inserted, namely:-
"(3A) Notwithstanding anything contained in this Act, the
Government may, by notification published in the Official
Gazette and subject to such conditions and restrictions , if any,
as may be specified therein, permit any registered dealer, who
imports taxable goods into Assam or manufactures taxable
goods within Assam, where such taxable goods are sold on
maximum retail price basis printed on the package of such
goods, to pay, at his option, in lieu of the amount of tax
payable by him under this Act, tax at such rate on the
maximum retail price of such goods, as the Government may
specify in such notification.";
4. In the principal Act, in section 62, -
(i) in sub-section (1), for the words "seven months", appearing in
between the words "audited by an accountant within" and
"from the end of that year", the words "nine months" shall be
substituted;
THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 26,2016
(ii) in sub-section (2), for the words "seven months", appearing
between the words "with the annual return within" and "from
the end of that year", the words "nine months" shall be
substituted.
1335
Amendment of
Schedule.
5. In the principal Act, in the Fourth Schedule, -
(i) in serial number 10, rate of tax with entries thereto shall be
modified as follows»
"10. Foreign liquor, whether made in India or 40".
not, including brandy, whisky, vodka,
gin, rum, liquor, cordials, bitters and wines
or a mixture containing any of these, as also
beer, ale, porter, cider, Parry and other
similar potable fermented liquors except rum
sold to defence personnel in Defence
Service Canteen strictly for personal
consumption.
(ii) after serial number 10 with entries thereto, a new serial No . ]OA
with entries thereto shall be inserted, narncly: -
" l O A. Foreign liquor, whether made in India
or not, including brandy, whisky, vodka,
gin, rum, liquor, cordials, bitters and
wines or a mixture containing any of
these, as also beer, ale, porter, cider, Parry
and other similar potable fermented
liquors except rum sold to defence
personnel in Defence Service Canteen
strictly for personal consumption.
19.25
paise in
the rupee
(on
maximum
retail price
printed on
the
package). "
s. M. BUZAR BARUAH,
Secretary to the Government ofAssam,
Legislative Department, Dispur.
Guwahati :- Printed and Published by the Dy. Director (P & S), Directorate of Printing & Stationery, Assam , Guwahati-21 .
Ex. Gazette No. 571 -400 + 10-26 - 08 - 20] 6.

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