The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:-

West Bengal Act III of 2015

EXTRACT OF THE WEST BENGAL FINANCE ACT, 2015.

[Passed by the West Bengal Legislature.]

[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 24th March, 2015.]

An Act to amend the Indian Stamp Act, 1899, in its application to West Bengal, the Bengal Amusements Tax Act, 1922 (Ben. Act. V of 1922), the Bengal Electricity Duty Act, 1935 (Ben. Act. X of 1935), the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979 ( West Ben. Act. VI of 1979), the West Bengal Sales Tax Act, 1994 ( West Ben. Act. XLIX of 1994), the West Bengal SalesTax (Settlement of Dispute) Act, 1999 ( West Ben. Act. IV of 1999) and the West Bengal Value Added Tax Act, 2003( West Ben. Act. XXXVII of 2003).

Whereas it is expedient to amend the Indian Stamp Act, 1899(2 of 1899), in its application to the State of West Bengal, the Bengal Amusements Tax Act, 1922, the Bengal Amusements Tax Act, 1922 (Ben. Act. V of 1922), the Bengal Electricity Duty Act, 1935 (Ben. Act. X of 1935), the West Bengal State Tax on Professions, Trades, Callings and Employments Act, 1979 ( West Ben. Act. VI of 1979), the West Bengal Sales Tax Act, 1994 ( West Ben. Act. XLIX of 1994), the West Bengal SalesTax (Settlement of Dispute) Act, 1999 ( West Ben. Act. IV of 1999) and the West Bengal Value Added Tax Act, 2003( West Ben. Act. XXXVII of 2003), for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Sixty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:

1. Short Title and commencement

(1) This Act may be called the West Bengal Finance Act, 2015.

(2) Save as otherwise provided, it shall come into force on such date, or shall be deemed to have come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

6. Amendment of West Ben . Act XLIX of 1994

In the West Bengal Sales Tax Act, 1994 -

(1) in section 17, in sub-section (3), after the proviso to clause (b), the following proviso shall be inserted:-

"Provided further that where tax has been charged and collected on sales other than on the basis of rate of tax in per centum on the sale price, the amount of deduction under clause (b) shall be the sum total of the amounts charged and collected by way of tax on sales separately in respect of turnover of sales liable to be taxed at different rates";

(2) in section 18, after sub-section (2), the following sub-section shall be inserted:-

"(3) Notwithstanding anything contained in sub-section (1), the State Government may, by notification, fix the amount of tax payable, subject to such terms and conditions, if any, as may be notified, on the sale of goods or sale of a class of goods specified in Schedule IV, on the basis of weight, volume, measurement or unit of such goods, and different amounts of tax may be fixed for sales of different items of such goods in respect of a specified area or whole of the State.";

(3) in section 79, in sub-section (2), after the second proviso, the following proviso shall be inserted:-

"Provided also that the appellate authority may dispose an appeal within six months from the date of order of refusing an application for settlement of dispute or revocation of certificate of settlement under the West Bengal Sales Tax (Settlement of Dispute) Act, 1999 (West Ben. Act IV of 1999), relating to the period covered in such appeal";

9. Validation

Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or other authority, the amendment made in the principal Act by clause (a) of sub-section (2) of section 2, shall be deemed to have been made with effect from the 2nd day of March, 2015, and accordingly anything done or any action taken or purported to have been taken or done under the principal Act on or after the said date, shall, notwithstanding anything contrary contained in the judgement, decree or order of any court, tribunal or other authority, be deemed to be, and to have always been for all purposes, as validly and effectively taken or done as if the said amendment had been in force at all material time.

By order of the Governor,

MALAY MARUT BANERJEE,

Secy. to the Govt. of West Bengal,

Law Department.