The West Bengal Finance Act, 2016

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Extraordinary 
Published by Authority 
Registered No. WB/SC-247 	 No. WB(Part-III)/2016/SAR-14 
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SRAVANA 6] 	 THURSDAY, JULY 28, 2016 	
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PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 682-L.-28th July, 2016.—The following Act of the West Bengal Legislature, having been assented to by 
the Governor, is hereby published for general information:— 
West Bengal Act VI of 2016 
THE WEST BENGAL FINANCE ACT, 2016. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 28th July, 2016.] 
An Act to amend the West Bengal State Tax on Professions, Trades, Callings and 
Employments Act, 1979, the Indian Stamp Act, 1899, in its application to West Bengal, 
the West Bengal Sales Tax Act, 1994, and the West Bengal Value Added Tax Act, 2003. 
WHEREAS it is expedient to amend the West Bengal State Tax on Professions, Trades, 
Callings and Employments Act, 1979, the Indian Stamp Act, 1899, in its application to 
the State of West Bengal, the West Bengal Sales Tax Act, 1994, and the West Bengal 
Value Added Tax Act, 2003, for the purposes and in the manner hereinafter appearing; 
It is hereby enacted in the Sixty-seventh Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
West Ben. Act 
VI of 1979. 
2 of 1899. 
West Ben. Act 
XLIX of 1994. 
West Ben. Act 
XXXVII of 2003. 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 28, 2016 	 [PART III 
Short title and 
commencement. 
Amendment of 
West Ben. Act VI 
of 1979. 
Application and 
amendment of 
Act 2 of 1899. 
The West Bengal Finance Act, 2016. 
(Sections 1-3.) 
1. (1) This Act may be called the West Bengal Finance Act, 2016. 
(2) Save as otherwise provided, it shall come into force on such date, or shall be 
deemed to have come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint, and different dates may be appointed for 
different provisions of this Act. 
2. In the West Bengal State Tax on Professions, Trades, Callings and Employments 
Act, 1979,— 
(1) in section 7, in sub-section (4a), after the second proviso the following 
proviso shall be inserted:— 
"Provided also that the assessment in respect of the year or part of the 
year ending on or before the 31st day of March, 2014, shall, 
notwithstanding the provisions contained in this sub-section, be made on 
or before the 31st day of December, 2016:"; 
(2) in section 9,— 
(a) in sub-section (1), for the words "an employer (not being an officer 
of Government)", the words "an employer" shall be substituted; 
(b) in sub-section (2), the following proviso shall be inserted:— 
"Provided that the State Government may reduce or waive the 
amount of interest payable by the employer (being an officer of 
Government), if he is satisfied that— 
(a) the default in the payment of the amount on which interest is 
payable, has been due to the circumstances beyond the control 
of such an employer; and 
(b) the payment of such interest would cause genuine hardship to 
such an employer."; 
(3) in the Schedule,— 
(a) in the entry in item (i) of column (2) against serial No. 1 in column 
(1), for the words and figures "Not exceeding Rs. 8,500", the words 
and figures "Not exceeding Rs. 10,000," shall be substituted; 
(b) the entry in item (ii) of column (2), and the corresponding entry of 
column (3), against serial No. 1 in column (1), shall be omitted. 
3. (1) The Indian Stamp Act, 1899 (hereinafter referred to as the principal Act) 
shall, in its application to West Bengal, be amended for the purposes and in the manner 
hereinafter provided. 
(2) In Schedule lA to the principal Act, in article 43,— 
(a) in item (a), in the entries under heading "Description of Instruments", for 
the words "of any goods exceeding in value twenty rupees", the words 
"of any goods including currency exceeding in value twenty rupees" shall 
be substituted; 
(b) in item (aa), in the entries under heading "Description of Instruments", 
for the words "of any goods exceeding in value twenty rupees but not 
delivered", the words "of any goods including currency exceeding in value 
twenty rupees but not delivered" shall be substituted; 
(c) in item (ab), in the entries under heading "Description of Instruments", 
for the words "of any goods relating to future and options trading", the 
words "of any goods including currency relating to future and options 
trading" shall be substituted; 
(1) 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 28, 2016 	 3 
The West Bengal Finance Act, 2016. 
(Sections 4, 5.) 
(d) in item (ac), in the entries under heading "Description of Instruments", 
for the words "of any goods relating to forward contract of commodities 
traded through an association or otherwise", the words "of any goods 
including currency relating to forward contract of commodities traded 
through an association or otherwise" shall be substituted; 
(e) in item (b), for the entries under headings "Description of Instruments" 
and "Proper Stamp-duty", the following entries under headings 
"Description of Instruments" and "Proper Stamp-duty", shall be 
substituted, respectively:— 
"(b) of any stock or marketable 
security exceeding in value 
twenty rupees but not being 
a Government security 
(i) in case of delivery 
(ii) in case of non-delivery 
(iii) if relating to futures and 
options trading 
(iv) if relating to forward 
contracts traded through 
and association or 
otherwise 
Fifty paise for every Rs. 5000 
or part thereof; 
Ten paise for every Rs. 5000 
or part thereof; 
Ten paise for every Rs. 5000 
or part thereof; 
Ten paise for every Rs. 5000 
or part thereof;". 
4. In the West Bengal Sales Tax Act, 1994, after section 57, the following section 
shall be inserted:— 
57A. When a dealer furnishes a return under section 30 indicating 
therein, or otherwise admits in writing, his liability to pay any tax, 
interest, or penalty in respect of a certain period, then, notwithstanding 
anything contained elsewhere in this Act, such amount of tax, interest 
or penalty shall be deemed to have been quantified on the date of filing of such return 
or making such admission, as the case may be, and all the provisions of section 52, 
section 53, section 54, section 55, section 56, and section 57, shall, mutatis nuitandis, 
be applicable in respect of such quantified tax, interest or penalty.". 
5. In the West Bengal Value Added Tax Act, 2003,— 
in section 2, in clause (55), for the words, figures and brackets "defined in 
clause (39) of the Act", the words, figures and brackets "defined in clause 
(39) of this section" shall be substituted; 
Section 8A shall be omitted; 
Section 8B shall be omitted; 
Section 8C -shall be omitted; 
Section 8D shall be omitted; 
in section 40,— 
(a) to sub-section (2A), the following proviso shall be inserted:— 
"Provided that the Commissioner may, if satisfied on the reasons 
adduced by the person who makes the deduction or a contractee or 
otherwise, extend, by an order in writing, the time for furnishing the 
scroll."; 
Amendment of 
West Ben, Act 
XLIX of 1994. 
Amendment of 
West Ben. Act 
XXXVII of 2003. 
"Quantification of 
admitted amount 
of tax, interest or 
penalty from a 
dealer. 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 28, 2016 	 [PART HI 
The West Bengal Finance Act, 2016. 
(Section 5.) 
(b) to sub-section (3B), the following proviso shall be added:— 
"Provided that the State Government may reduce or waive the 
amount of interest payable by the person who makes the deduction 
or a contractee (being an officer of Government), if he is satisfied 
that— 
(a) the default in the payment of the amount on which interest is 
payable, has been due to the circumstances beyond the control 
of such an employer; and 
(b) the payment of such interest would cause genuine hardship to 
such a person or contractee."; 
(7) in section 84, in sub-section (2), in the first proviso,— 
(a) in the Table,— 
(i) in serial No. 1,— 
(A) in the second column, for the word "year", the words 
"calendar year" shall be substituted; 
(B) for the entry in the third column, the following column 
shall be substituted:— 
"31st day of March of the calendar year immediately 
following the calendar year in which the appeal was filed."; 
(ii) in serial No. 2,— 
(A) in the second column, for the word "year", the words 
"financial year" shall be substituted; 
(B) for the entry in the third column, the following column 
shall be substitued:— 
"30th day of September of the financial year immediately 
following the financial year in which the appeal was filed."; 
(b) Explanation shall be omitted. 
By order of the Governor, 
MADHUMATI MITRA, 
Secy. to the Govt. of West Bengal, 
Law Department. 
Published by Law Department, Government of West Bengal and 
Printed at Saraswaty Press Ltd. (Government of West Bengal Enterprise), Kolkata 700 056. 

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