Assam act 011 of 2017 : The Assam Value Added Tax (Amendment) Act, 2017

868

Preambte, Short title, extent and commence-

ment.

Amendment of

section 10.

THE ASSAM GAZETTE, EXTRAORDINARY, APRIL l , 2017

AN

ACT

further to amend the Assam Value Added Tax Act, 2003. Whereas it is expedient to amend the Assam Value Added Tax Act, 2003, hereinafter referred to as the principal Act, in the manner hereinafter appearing;

It is hereby enacted

in the Sixty-eighth Year of the Republic of India as follows : -

1. (1) This Act may be called the Assam Value Added Tax (Amendment) Act,

2017.

(2) It shall have the like extent as the principal Act.

(3) It shall come into force at once .

2. In the principal Act, in section 10, -

(i) in sub-section (1), in clause (b),-

(a) explanation 2(ii), shall be omitted;

(ii) in sub-section (1C), for the punctuation mark ''." appearing at the end, the punctuation mark ":" shall be substituted and thereafter the following provisos shall be inserted, namely:-

"Provided that a wholesale warehouse licensee shall not purchase from another wholesale warehouse licensee or make sale to another wholesale warehouse licensee within the State :

Provided further that if the importer is a 'company wholesale 'warehouse' within the meaning of the Assam Excise Rules, 2016, such 'company wholesale warehouse' can make sale to a wholesale warehouse licensee or to a retail licensee within the State.";

(iii) after sub-section (1 D), the following new sub-section (1E) shall be inserted, namely:-

"( 1E) Notwithstanding anything contained in this Act, in case of potable liquor mentioned in the Fourth Schedule, except country spirit, a Canteen Stores Depot bonded warehouse (CSO), which sells such items to a Unit Run Canteens (ORCs) or any other person, shall be deemed to be the first point seller liable to pay tax on such sale, irrespective of whether such Canteen Stores Depot bonded warehouse (CSO) imports such items from outside the State or purchases such items from a manufacturer/bottling unitldistillerieslbreweries within the State. The Unit Run Canteens CURCs) or any other person while depositing the excise duty shall also deposit the tax payable under this Act into the Government Assam

Act

VIII of

2005.

....

THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 1, 2017

Account, on behalf of the Canteen Stores Depot bonded warehouse (CSD), in the prescribed manner by a separate challan and hand over one copy of the challan to the Canteen Stores Depot bonded warehouse:

Provided that such Canteen Stores Depot bonded warehouse (CSD) inside the State shall not be allowed to make purchase from a wholesale warehouse licensee or to make sale to a wholesale warehouse licensee. "

(iv) after sub-section (lE), the following new sub-section (IF) shall be inserted, namely:-

''(IF) Notwithstanding anything contained in this Act, in case of country spirit mentioned in the Fourth Schedule, the manufacturer of country spirit (country spirit bottling plant) who sells or supplies such item to a country spirit wholesale warehouse or any other person shall be deemed to be the first point seller and shall be liable to pay tax on the sale price of the item as defined in clause (44) of section 2 including excise duty, vend fee, bottling charges and any other duty or fee, by whatever name called, payable thereon:

Provided that the manufacturer of country spirit, who is liable to pay tax under this sub-section, may, at his option, pay tax on Maximum Retail Price (MRP) basis without any deduction, at the rate specified in entry llA of the Fourth Schedule, in lieu of tax payable on actual sale price at the rate specified in entry 11 of the Fourth Schedule. Once an option is exercised, it shall be binding for that year and subsequent years, until such dealer withdraws his option in writing:

Provided further that the country spirit wholesale warehouse/person while depositing the excise duty shall also deposit the tax payable under this Act into the Government Account in the prescribed manner by a separate challan on behalf of the seller and handover one copy of the challan to the seller:

Provided also that the country spirit bottling unit shall not be entitled to any tax exemption or re~ission as an industrial unit."

869

870 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 1, 2017

Amendment

of Scbednle.

3. In the principal Act,in the Fourth Schedule, -

(i) in serial number 11, rate of tax with entries thereto shall be modified

as follows:-

Itll. Country spirit 40".

(ii) after serial number 11 with entries thereto, a new serial No. llA with entries thereto shall be inserted, namely:-

"11A. Country spirit 19.25 paise

in the rupee (on

maximum retail

price

printed on the

package)."

S. M. BUZAR BARUAH,

Commissioner & Secretary to the Government ofAssam , Legislative Department, Dispur.

Guwahati :- Printed and Published by the Dy, Director (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21 . Ex. Gazette No. 219 - 200

+ 10 - 01 - 04 - 2017 .

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