NOTIFICATION
No H. 12018/22/91-LJD, the 17thNovember, 1995. The following Act of the Mizoram Legislative Assembly which received the assent of the Governor of Mizoram is hereby published for general informa- tion:
THE MIZORAM (SALES OF PETROLEUM AND PETROLEUM PRODUCTS INCLUD
ING MOTOR SPIRIT AND LUBRICANTS) TAXATION (AMENDMENT) ACT, 1995.
The Mizoram Act No. 8 of 1995
Received the assent of the Governor of Mizoram on the 10.11.1995.
AN
ACT
further to amend the Mizoram (Sales of Petroleum and Petroleum Products, including Motor Spirit and Lubricants) Taxation Act, 1973 (Act No. 6 of 1974) (hereinafter referred to as the principal Act). Be it enacted by the Lagislative Ascembly of Mizoram in the Forty-Sixth year the Republic of India as follows:-
1. (1) This Act may be called the Mizoram (Sales of Petroleum and Petroleum Prod- ucts, including Motor Spirit & Lubricants) Taxation (Amendment) Act, 1995.
(2) It shall have the like extent as the Principal Act.
(3) It shall come into force on the date of its Publication in the Official Gazette.
2. (1) In section 2 of the principal Act, the proviso to sub-section 9 of section 2 shall be deleted.
(2) In section 2 of the principil Act, after sub section (9), the following sub-section shall be inserted, namely :-
Vol XXIV Aizawl, Wednesday 22.11.1995 Agrahayana 1. S.E. 1917 Issue No. 516
Regd. No. NE 907
Short title ex- tent, and com- mencement
Amendment of section 2
1
"(9A)" "sale price" (used in relation to any dealer) means the amount of money consideration for sales of taxable good less any sum allowed as cash discount accord- ing to ordinary trade practice but including any sum charged for containers or other materials used in packing of such goods;
(3) In section 2 of the principal Act, after sub-section (10), the following sub- section shall be added namely :-
"(10A)" 'Turnover" (used in relation to any period) means the aggregate of the sale prices or parts of sale prices recoverable by a dealer during such period after deducting -
(i) the amount, if any, refunded by him in respect of any taxable goods and their containers within a period of three months from the date of delivery of the goods.
(ii) from the resultant balance an amount arrived at by applying the following for- mula:-
rate of tax X aggregate of sale prices
100 + rate of tax
Provided that no deduction on the basis of the above formula shall be made if the amount by way of tax collected by a registered dealer, in accordance with the provi- sions of this Act, has not been included in the aggregate of sale prices. Explanation :- Where the turnover of a dealer is taxable at different rates, the aforesaid formula shall be applied separately in respect of each part of the turnover liable to different rate of tax.
3. In section 3 of the principal Act, sub-section (3) shall be deleted.
4. In section 10 of the principal Act, the words and figure, namely- "other than a revised return in respect of the return furnished under sub-section (2)" appearing in sub-section (4) of section 10, shall be deleted.
P. Chakraborty,
Secretary to the Govt. of Mizoram,
Law, Judicial & Parliamentary Affairs Deptt.
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C-1000
Deletion of
sub-section (3)
of section 3
Amendment of
section 10
Ex-516/95 - 2 -
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