The ASSAM TAXATION (LIQUIDATION OF ARREAR DUES) (AMENDMENT) ACT, 2019
Assam · state statute
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THE ASSAM GAZETTE
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EXTRAORD INARY
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PUBLISHED BY THE AUTH ORI TY
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No. 524 Dispur, Tuesday, 31st December, 2019, lOth Pausa, 1941 (S. E.)
GOVERNMENT OF ASSAM
ORDERSBYTHEGOVERNOR
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH
NOTIFICATION
The 31st December, 2019
No. LGL.36/2005/75.- The following Act of the Assam Legislative Assembly
which received the assent of the Governor on 24th December, 2019 is hereby published for general
information.
ASSAM ACT NO. XVIII OF 2019
(Received the assent of the Governor on 24th December, 2019)
THE ASSAM TAXATION (LIQUIDATION OF ARREAR
DUES) (AMENDMENT) ACT, 2019
2420 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 31, 2019
Preamble.
Short title,
ntent and
commenc~ment.
Amendment of
Preamble.
AN
ACT
further to amend the Assam Taxation (Liquidation of Arrear Dues)
Act, 2005.
Whereas it is expedient further to amend the Assam Taxation
(Liquidation of Arrear Dues) Act, 2005., hereinafter referred to as
the principal Act, in the manner hereinafter appearing;
It is hereby enacted in the Seventieth Year of the Republic of India
as follows: -
I. (I) This Act may be called the Assam Taxation (Liquidation of
Arrear Dues) Act, 2019.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force at once.
2. In the principal Act, for the existing Preamble, the following shall be
substituted, namely: -
"Preamble Whereas it has become expedient to provide for
liquidation of long outstanding dues relating to tax, penalty and
interest, as the case or cases as may be, under the Assam Value
Added Tax Act, 2003, the Central Sales Tax Act, 1956, the
Assam Professions, Traders, Callings and Employments
Taxation Act, 1947, the Assam Taxation (On Specified Lands)
Act, 1990, the Assam Agricultural Income Tax Act, 1939, the
Assam Electricity Duty Act, 1964 and the repealed tax Acts as
referred to in sub-section (I) of section 174 of the Assam
Goods and Services Tax Act, 20 17 by offering one time
incentive in the form of waiver of the balance portion of
qualifying arrear dues remaining after payment of the
prescribed percentage of the total dues within the stipulated
dateline;"
Amendment of 3. In the principal Act, in section I, in sub-section (3), for the
section 1• word, figures and punctuation mark, "31 51 March, 20 17", the
word, figures and punctuation mark, "31st March, 2020" shall
be substituted.
Amendment of 4. ln the principal Act, in section 2, in sub-section ( 1 ), -
sectioo z. (i) for the existing clause (b), the following shall be
substituted, namely:-
"(b) "Outstanding dues of arrear tax, penalty and interest"
means unpaid amounts as on the date of coming into
force of this Act on account of tax, interest and penalty
by an applicant as per statutory orders for periods up to
30th June, 2017 under an; provision ofthe relevant Acts
passed on or before 30 September, 20 19 or by such
Assam
Act XI
of2005.
Assam Act
No. VIII of
2005,
Central Act
74 of 1956,
Assam Act
No. VI of
1947, Assam
Act No. XII
or 1990,
Assam Act
No. IX of
1939, Assam
Act No. XXX
of 1964 and
Assam Act
No. XXVIII
of20J7
THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 31, 2019 2421
Ameadment of
Seetion 4.
later date as the State Government may, by notification
in the Official Gazette, specify from time to time and
also includes further calculable interest as per the
relevant Acts on the involved principal amounts up to
the date of application within the meaning of section 5
of this Act;"
(ii) for the existing clause (d), the following clause shall be
substituted, namely: -
"(d) "Relevant Acts" means any one or more of the
following Acts, namely: -
(i) the Assam Value Added Tax Act, 2003, (Assam Act
No. VIII of2005);
(ii) the Central Sales Tax Act, 1956, (Central Act 74 of
1956);
(iii) the Assam Professions, Trades, Callings and
Employments Taxation Act, 1947 (Assam Act No.
VI of1947);
(iv) the Assam Taxation (On Specified Lands) Act. 1990,
(Assam Act No. XII of 1990);
(v) the Assam Agricultural Income Tax Act, 1939,
(Assam Act No. IX of 1939);
(vi) the Assam Electricity Duty Act, 1964 (Assam Act
No. XXX of 1964); and
(vii} the repealed tax Acts as mentioned in sub-section (I)
of section 174 of the Assam Goods and Services Tax
Act. 2017 (Assam Act No. XX VIII of 20 17)."
5. In the principal Act. for the existing section 4, the following
shall be substituted, namely:-
"Eligibility
condition.
4. Subject to other provisions of this Act, an
applicant shall be eligible to make an application
under this Act for all his outstanding dues in respect
of amounts assessed for the periods up to 301h June,
2017 and levied against him on or before 301h
September, 2019 but not lying in dispute before any
statutory forum or the Hon'ble Gauhati High Court
or the Hon 'ble Supreme Court of India as on the
date of application under the Act."
Sabltitutioa of 6. In the principal Act, for the existing Schedule, the following
Sdledate shall be substituted, namely: -
2422 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 3 1, 2019
"Schedule
(See Section 6)
Sl. Description of the
No. outstanding dues
Payment to be made under the Act
on the date to avail the benefit
corresponding to the respective
Amount to be paid for filing !
I
application to avail benefit under I
the Act !
serial as per column (~) -- -· --~-------------
t-:f:--ll'-+-~___;(:"'""2)~--:-+--o~~...,.---~(3;.L.l) _ --·-+-- · (4) -:-
1 Amount of total On or before 31" Marcl1, 20 20. 100% of arrear tax and 15% of
outstanding dues. arrear interest. Total penalty will
be waived:
Provided that if total
outstanding dues consist of only
interest and penalty then 30% of
interest: Total penalty will be
waived:
Provided further that if
total outstanding dues consist of
only penalty amount, then 50%
of the penalty.
~--~----------~~----------------------~-----------------------J. - )1
S. M. BUZAR BARUAH,
Commissioner & Secretary to the Government of Assam,
Legislative Department, Dispur, Guwahati-6.
Guwahati : Printed and Published by the Dy. Director, Directorate of Printing & Stationery, Assam, Guwahati-21.
Extraordinary Gazette No. 1047- 300 + 10-31 • 12-2019. (visit at- dpns.assam .gov.in)
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