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Haryana act 018 of 2003 : Haryana Local Area Development Tax (Amendment) Act, 2003

Preamble

Haryana Local Area Development Tax (Amendment) Act, 2003*

[Haryana Act No. 18 of 2003][23rd September, 2003]

An Act farther to amend the Haryana Local Area Development tax Act, 2000

Be it enacted by the Legislature of the State or Haryana in the fifty-fourth Year of the Republic of India as follows:-

* [Received the assent of the Governor on 23rd September, 2003 and published in the "Haryana Government Gazette", Extraordinary, No. Leg. 20/2003, dated 30th September, 2003].

Section 1. Short title

1. Short title.- This Act may be called the Haryana Local Area Development Tax (Amendment) Act, 2003.

Section 2. Amendment of suction 2 of Haryana Act 13 of 2000

2. Amendment of suction 2 of Haryana Act 13 of 2000.- In section 2 of the Haryana Local Area Development Tax Act, 2000 (hereinafter referred to as the principal Act.)-

(i) for clause (7), the following clause shall be substituted with shall be deemed to have been substituted with effect from Ht April, 2003, namely:-

"(7) "Commissioner" means the Commissioner appointed under sub-section (1) of section 55 of the Haryana Value Added Tax Act, 2003 (Act 6 of 2003);

(ii) for clause (23), the following clause shall be substituted and shall be deemed to have been substituted with effect from 1st April, 2003, namely:-

(23) "Sales Tax" means the tax leviable in the State under the Haryana Value Added Tux Act, 2003 (Act 6 of 2003) or under the Central Sales Tax Act, 1956 (Central Act 74 of 195G)’.

Section 3. Amendment of suction 3 of Haryana Act 13 of 2000

3. Amendment of suction 3 of Haryana Act 13 of 2000.- In sub-section (1) of section 3 of the principal Act, for the words "not exceeding ten per cent of the value of the goods", the words "not exceeding twenty percent of the value of petroleum based fuels and not exceeding ten per cent of the value of other goods" shall be substituted.

Section 4. Amendment of section 5 of Haryana Act 13 ???

4. Amendment of section 5 of Haryana Act 13 ???.- In sub-section (1) of section 5 of the principal Act,-

(i) for clause (c) the following clause shall be substituted, namely:-

"(e) the value of plant, machinery, equipment and tools, brought or received an lease for use in manufacture or processing of goods;";

(ii) in clause (f)-

(I) for the words and signs "the value of goods left in the stock, whether as such or in different; form, lying with him in the local area", the words and signs "the value of goods brought or received in a local area for resale or for use or consumption therein in the manufacture or processing of goods, left in stock whether as such or in different form, lying with him in the local area," shall be substituted;

(II) for the second proviso, the following proviso shall be substituted, namely:-

"Provided fun her the value of plant, machinery, equipment and tools, for ??? in manufacture or processing of goods, if forming part of the turnover, may from part of the closing stock, if capitalised; and".

Section 5. Amendment of section 12 of Haryana Act 13 of 2000

5. Amendment of section 12 of Haryana Act 13 of 2000.- In sun-section (1) of section 12 of the principal Act, for the words, sign and figures "under the Haryana General Sales Tax Act, 1973", the words, sign and figures "under the Haryana Value Added Tax Act, 2003" shall be substituted and shall be deemed to have been substituted with effect from 1st April, 2003.

Section 6. Amendment of section 22 of Haryana Act 13 of 2000

6. Amendment of section 22 of Haryana Act 13 of 2000.- To section 22 of the principal Act, the following explanation shall be added, namely:-

"Explanation.- In this section "site development of local areas" means developing and maintaining infrastructure facilities useful for free flow of trade and commerce.".