Tamil Nadu General Sales Tax (Second Amendment) Act, 1992*
| [Tamil Nadu Act No. 31 of 1992] | [12th June, 1992] |
An Act further to amend the Tamil Nadu General Hales Tax Act, 1959
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 12th June, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title.- This Act may be called the Tamil Nadu General Sales Tax (Second Amendment) Act, 1992.
2. Amendment of section 2.- In section 2 of the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act, 1 of 1959) (hereinafter referred to as the principal Act),-
(1) in clause (g), for sub-clause (iii), the following sub-clause shall be substituted namely:-
"(iii) a factor, a broker, a commission agent or arhati, a del credere agent or an auctioneer, or any other mercantile agent by whatever name called, and whether of the same description as hereinbefore or not, who carries on the business of buying, ??? supplying or distributing goods' on behalf of any principal, or through whom the goods are bought, sold, supplied or distributed;";
(2) in clause (n), after Explanation (1-A), the following Explanation shall be inserted, namely:-
"Explanation (1-B).-The transfer of property involved in the purchase, sale, supply or distribution of goods through a factor broker, commission agent or arhati, del credere agent or an auctioneer or any other mercantile agent, by whatever name called, whether for cash or for deferred payment or other valuable consideration, shall be deemed to be a purchase or sale, as the case may be, by such factor, broker, commission agent, arhati, del credere agent, auctioneer or any other mercantile agent, by whatever name called, for the purposes of this Act.";
(3) in clause (r) after Explanation (3), the following Explanation shall be inserted, namely:-
"Explanation (4).-The aggregate amount for which the goods' are bought or sold or delivered or supplied through a factor, broker, commission agent or arhati, del credere agent or an auctioneer or any other mercantile agent by whatever name called, whether for cash or for deferred payment or order valuable consideration, shall be deemed to be the turnover of such factor, broker, commission agent, arhati, del credere agent, auctioneer or any other mercantile agent, by whatever name called.".
3. Amendment of section 3.- In section 3 of the principal Act, for sub-section (2-B), the following sub-section shall be substituted, namely:-
"(2-B) Notwithstanding anything contained in sub-section (1) or sub-section (2) or sub-section (2-A), in the case of goods mentioned in the Sixth Schedule, the tax under this Act shall be payable by a dealer, at the first point of sale and the second point of sale, at the rate specified therein, on the turnover, in each year relating to such goods, whatever be the quantum of turnover in that year:
Provided that at the second point of sale, the turnover of the goods liable to tax shall be arrived at by deducting the turnover of such goods on which tax has been levied at the first point of sale.".
4. Amendment of section 7-B.- In section 7-B of the principal Act, after sub-section (5), the following sub-section shall be inserted, namely:-
"(6) The provisions of this section shall not apply in respect of any sale or purchase, made on of after the 1st day of April, 1992."
5. Amendment of section 20.- In section 20 of the principal Act, in sub-section (2), for clause (vi), the following clause shall be substituted, namely:-
"(vi) every factor, broker, commission agent or arhati, del credere agent or auctioneer or any other mercantile agent, by whatever name, called, and whether of the same description as hereinbefore or not, who carries on the business of buying, selling, supplying or distributing goods on behalf of any principal, or through whom the goods are bought, sold, supplied or distributed,".
6. Amendment of six schedule.- In the Sixth Schedule to the principal Act, in item 1, for the entry in column (3), the following entry shall be substituted, namely:-
"At the first point of sale and the second point of sale in the State.".