Bihar Value Added Tax (Amendment and Validation) Act, 2015
[Bihar Act 13, 2015]
AN
ACT
TO AMEND THE BIHAR VALUE ADDED TAX ACT, 2005 (ACT, 27 OF 2005)
Be it enacted by the Legislature of the State of Bihar in the Sixty-Sixth year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be called the Bihar Value Added Tax (Amendment and Validation) Act, 2015.
(2) It shall extend to the whole of the State of Bihar.
(3) Section- 2, Section- 3 and Section- 12 of this Act shall come into force at once where as section- 4, section- 5, section- 6, section- 7, section- 8, section- 9, section- 10 and Section- 11 shall be deemed to have come in force with effect from the 31st day of March, 2012
2. Amendment in sub-section (3) of section 3 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
The words "five lakh rupees" used in first proviso of clause (b) of sub-section (3) of section 3 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be substituted by the words "ten lakh rupees"
3. Amendment in section 3AA of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
After the words "every dealer whose gross turnover" used in section 3AA of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005), the words "of goods specified in notification issued under this section" shall be added.
4. Amendment in sub-section (6) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
The words and figures "sub-section (1)" used in sub-section (6) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be substituted by the words and figures "sub-section (1A)"
5. Amendment in sub-section (7) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
The words and figures "sub-section (1)" used in sub-section (7) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be substituted by the words and figures "or sub-section (1A)"
6. Amendment in sub-section (8) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
After the words and figures "sub-section (1)" used in clause (a) of sub-section (8) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005), the words and figures " sub-section (1A)" shall be added.
7. Amendment in sub-section (10) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
(1) The words and figures "sub-section (1)" in sub-section (10) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be substituted by the words and figures "sub-section (1A)"
(2) The words and figures "sub-section (1)" used in clause (b) of sub-section (10) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be substituted by the words and figures "sub-section (1A)"
8. Amendment in sub-section (12) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
The words and figures "sub-section (1)" used in sub-section (12) of section 24 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be substituted by the words and figures "sub-section (1A)"
9. Amendment in sub-section (1) of section 25 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
The words and figures "sub-section (1)" used in sub-section (1) of section 25 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be substituted by the words and figures "sub-section (1A)"
10. Amendment in clause (b) of sub-section (1) of section 32 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
The words and figures "sub-section (1)" used in clause (b) of sub-section (1) of section 32 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be substituted by the words and figures "sub-section (1A)"
11. Amendment in clause (r) of sub-section (2) of section 93 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005)-
After the words and figures used in "sub-section (1)" of clause (r) of sub-section (2) of section 93 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005), the words and figures "sub-section (1A)" shall be added.
12. Validation and Saving-
(1) The amendments made by this Act in provisions of sub-section (6) of section 24, sub-section (7) of section 24, sub-section (8) of section 24, sub-section (10) of section 24, clause (b) of sub-section (10) of section 24, sub-section (12) of section 24, sub-section (1) of section 25, clause (b) of sub-section (1) of section 32 and clause (r) of sub-section (2) of section 93 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) shall be deemed to have been in force and always be in force, for all purposes, validly and effectively for all material times with effect from the 31st day of March, 2012.
(2) (i) Any assessment, collection, adjustment, reduction or computation made or any other action taken or anything done or purported to have been taken or done under the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) and notifications issued and rules made there under shall be deemed to be taken or done and always be taken or done, for all purposes, validly and effectively, assessed, collected, adjusted, reduced, computed or taken or done as if the section 24, section 25, section 32 and section 93 as amended by this amendment had been in force for all material times and, notwithstanding anything contained in any judgment, decree, or order of any Court, or Tribunal or other Authority:-
(a) no suit or other proceeding shall be maintained or continued in any Court or Tribunal or other Authority for the refund of any amount received or paid as such tax, interest or penalty;
(b) no Court, Tribunal or other Authority shall enforce any decree or order directing the refund of any amount received or paid as such tax, interest or penalty;
(c) recoveries may be made in accordance with the provisions of sub-section (6) of section 24, sub-section (7) of section 24, sub-section (8) of section 24, sub-section (10) of section 24, clause (b) of sub-section (10) of section 24, sub-section (12) of section 24, subsection (1) of section 25, clause (b) of sub-section (1) of section 32 and clause (r) of subsection (2) of section 93 of the Bihar Value Added Tax Act, 2005 (Act 27 of 2005) of all amounts which could have been collected under the Bihar Value Added Tax Act, 2005 by reason of amendment made in the above section 24 , section 25, section 32 and section 93 by this amendment but which had not been collected.
(ii) For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if this amendment in the above provisions had not come into force."
By order of the Governor of Bihar,
MANOJ KUMAR,
Joint Secretary to Government.