PUNJAB GOVT GAZ. (EXTRA.), APRIL 19, 2011 41
(CHTR 29, 1933 SAKA)
PART-I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
Notification
The 19th April, 2011
No. 16-Leg./2011.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 8th April, 2011 and is hereby published for general information :
THE PUNJAB VALUE ADDED TAX (SECOND AMENDMENT)
ACT, 2011
(Punjab Act No. 12 of 2011)
AN
ACT
further to amend the Punjab Value Added Tax Act, 2005. BE it enacted by the Legislature of the State of Punjab in the Sixty second Year of the Republic of India as follows
1. (1) This Act may be called the Punjab Value AddedTax (Second Short title and
Amendment) Act, 2011.
(2) It shall come into force at once.
2. In the Punjab Value Added Tax Act, 2005 (hereinafter referred toas
the principal Act), in section 2, for clause (i), the following clause shallbe
substituted, namely
"(i) *designated officer" means an officer, not below the rank of an
Excise and Taxation Inspector, authorised by the State
Government by notification to carry out any of the purposes of
this Act, for a period to be specified in the notification;".
commencement.
Amendment in
section 2 of
Punjab Act 8
of 2005.
J AZ. TRA.), PRI ,
C 29, A)
RT-1
ENT I TI E FFAIRS, J
otification
t pril,
No. 16-Leg./ 011.—The owi g ct egislature t t nj nt of t e overnor nj pril,
bli ed neral ati n —
SECO ENDMENT)
CT,
PunjabAct No. 12 of 2011) f rt er e h nj Value Added Tax Act, 2005. it ct y the Legislature of the State of Punjab in the Sixty- ear h epublic low :—
) c e h al S o
Amendment) Act, 2011.
( ) l m n o o .
n h j al ct, h
i after o
the rincipal Act), in ion 2, or a (i), h o low a s ll
substituted, namely :—
"(i) " si ated r" ea s er, ow h a
ci xat n e
ctor, rised by the State
Gover ent ti t n o he oses of
s Act, o a d to cif d in h tifi ation ;".
Short title and
om ement
endment n
section 2 of
Punjab Act 8
of 2005.
1
PUNJAB GOVT GAZ. (EXTRA.), APRIL 19, 2011
(CHTR 29, 1933 SAKA)
3. In the principal Act, in section 39,
(a) after sub-section (1), the following sub-section shall be inserted, namely:
"(1-A) Notwithstanding anything contained in sub-section (4), wherean application for claim of refund is submitted by a person on the basis of his monthly or quarterly return, as the case may be, the designated officer may, after adjusting any recovery, if due against such person, provisionally allow seventy-five per cent of the amount of refund claimed, but not exceeding one crore rupees, on furnishing of an indemnity bond in the prescribed form, subject to such terms and conditions, as may be prescribed:
Provided that if such terms and conditions are not complied with by the taxable person, he shall be liable to pay due tax along with penalty at the rate of two per cent per month and interest in accordance with the provisions of section 32 on the tax so due from the date of filing of the return."; and
(b) in sub-section (2), (i)
42
(ii) in the first proviso, for the words and sign "making adjustment:", the words and sign "making adjustment." shall be substituted; and
the second proviso shall be omitted.
4. (1) The Punjab Value Added Tax (Amendment) Ordinance, 2011 Repeal and
(Punjab Ordinance No. 4 of 2011 ), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the principal Act, as amended by the Ordinance referred to in sub
section (), shall be deemed to have been done or taken under the principal Act, as amended by this Act.
GOBINDER SINGH,
Amendment in section 39 of Punjab Act 8 of 2005.
Secretary to Government of Punjab, Department of Legal and LegislativeA ffairs.
saving.
PUNJ AB GOVT GAZ. (EXTRA.), APRIL 19, 2011 42
(CHTR 29, 1933 SA
3. In the principal Act, in section 39,— (a)
(b)
(i)
(ii)
4. (1)
after su (7), the fo low n sub o sh be inserted, namely :—
"(1-4) Notwithstanding anything contained in sub-section (7), where an application for claim of refund is submitted by a person on the basis of his monthly or quarterly return, as the case be, the designated officer may, after adjusting any recovery, if due against such person, provisionally allow seventy-five per cent of the amount o refund claimed, b exce i c o
rupees, on furnishing of an indemnity bond in th form, subject to such terms and conditions, as may be prescribed :
Provided that if such terms and conditions are not co pli with by the taxable person, he shall be liable to pay due tax along with penalty at the rate of two per cent per month and interest in accordance with the provisions of section 32 on the tax so due from the date of filing of the return."; and
sub-section (2),—
t r viso, ords " aki g j st ent :",
the words and sign " aki g j st ent." al bstit ted ; the cond r viso al mit ed.
he unjab alue dded a endment) rdinance,
(Punjab Ordinance No. 4 of 2011), is ereby ealed.
(2) Notwithstanding h peal, nything ne r cti n n
under the principal A ct. as ended y e rdinance ferr ed sub-
section (1), shall be ed to ave een one o r t en nder t e principal ct,
as amended by this Act.
GOBINDER H,
Secretary t Government of Punjab, Department of Legal and Legisla tive Affairs.
A m t in
section 39 of
Pu ab A 8
o
epeal
ving.
2