Tamil nadu act 018 of 1989 : Tamil Nadu General Sales Tax (Second Amendment) Act, 1989

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu General Sales Tax (Second Amendment) Act, 1989.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Amendment of section 3

2. Amendment of section 3.- In section 3 of the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act, 1 of 1959) (hereinafter referred to as the principal Act), sub-section (4) shall be omitted.

Section 3. Amendment of section 17-A

3. Amendment of section 17-A.- After section 17 of the principal Act, the following section shall be inserted, namely:-

"17-A. Power of the Government to not deferred payment of tax for industries ???.- (1) The Government may, in such circumstances and subject to such conditions as may be prescribed, by notification issued whether prospectively or retrospectively, defer the payment by any new industrial unit or sick unit or sick textile mill of the whole or any part of the tax payable in respect of any period:

Provided that such retrospective effect shall not be earlier than the 9th May, 1988.

(2) Notwithstanding anything contained in this Act, the deferred payment of tax under sub-section (1) shall not attract interest under sub-section (3) of section 24 provided the conditions laid down for payment of the tax deferred are satisfied.

Section 4. Amendment of section 31

4. Amendment of section 31.- In section 31, of the principal Act, in sub-section (1), in the first proviso,-

(i) for the words "fifteen days", the words "thirty days" shall be substituted;

(ii) for the words "said period" in two places where they occur, the words "the first mentioned period", shall be substituted.

Section 5. Amendment of section 31-A

5. Amendment of section 31-A.- In section 31-A of the principal Act, in sub-section (1), in the first proviso:-

(i) for the words "fifteen days", the words "thirty days" shall be substituted;

(ii) for the words "said period" in two places where they occur, the words "the first mentioned period" shall be substituted.

Section 6. Amendment of section 33

6. Amendment of section 33.- In section 33 of the principal Act, in sub-section (1), in the proviso,-

(i) for the words "fifteen days", the words "thirty days" Shall be substituted;

(ii) for the words "said period" in two places where they occur, the words "the first mentioned period" shall be substituted.

Section 7. Amendment of section 35

7. Amendment of section 35.- In Section 35 of the principal Act, in sub-section (1), in the promises

(i) for the words "fifteen days" the words "thirty days" shall be Substituted

(ii) for the words "said period" in places where they occur, the words "the first mentioned period" shall be substituted.

Section 8. Amendment of section 36

8. Amendment of section 36.- In section 36 of the principal Act, in sub-section (1) in the proviso-

(i) for the words "thirty days" the words "sixty days" shall be substituted

(ii) for the words "said period" in places where they occur, the words "first mentioned period" shall be substituted.

Section 9. Amendment of section 38

9. Amendment of section 38.- In Section 38 of the principal Act, in Sub-section (1), in the provis-

(i) for the words "forty-five days" the words "ninety days" shall be substituted

(iii) for the words "said period" in two places where they occur, the words "the first mentioned period" shall be substituted.

Section 10. Insertion of new section 60-A payment of tax in respect of goods shifted from single, point to multi-point

10. Insertion of new section 60-A payment of tax in respect of goods shifted from single, point to multi-point.- After section 60 of the principal Act, the following section shall be inserted namely:

"60-A. Notwithstanding anything contained in this Act, the Sale or purchase of such of those goods which were liable to tax only at the point of first sale or purchase under sub-section (2) of section 3 of this Act, and become liable to tax under sub-section (1) of section 3 of this by virtue of the omission of such goods from the first Schedule, no further tax shall be payable under the section (1) of section 3 of this Act on the goods which are held in stock on the date, on which such good is were omitted from the first schedule provided the goods had already suffered single point tax prior to that date and the rate of tax payable under the section sub-section (2) of section 3 of this Act was equal to or more than the rate specified under sub-section (1) of section 3 of this Act.

Provided that if the rate of tax payable under sub-section (2) of section 3 of this Act was less than the rate prescribed under sub-section (1) of section 3 of this Act, the dealer shall be liable to pay the difference of tax between the rate of tax at which the goods had suffered tax prior to such date and the rate prescribed under sub-section (1) of section 3 under this Act."