GUJARAT ORDINANCE NO. 2 OF 2006 Dated 4th August, 2006

AN ORDINANCE

Further to amend the Gujarat Value Added Tax Act, 2003

WHEREAS the Legislative Assembly of the State of Gujarat is not in session:

AND WHEREAS the Governor of Gujarat is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Gujarat Value Added Tax Act, 2003 (Gujarat 1 of 2005),;

NOW, THEREFORE, in exercise of the powers conferred on him by clause(1) of article 213 of the Constittution of India, the Governor of Gujarat is hereby pleased to make and promulgate the following Ordinance, namely:-

1. Short title and commencement.-

(1) This Ordinance may be called the Gujarat Value Added Tax (Third Amendment) Ordinance, 2006.

(2) It shall come into force at once.

2.Guj.1 of 2005 to be temporarily amended.

During the period of operation of this Ordinance, the Gujarat Value Added Tax Act, 2003 (Guj 1 of 2005) (hereinafter referred to as "the principal Act") shall have effect subject to the amendment specified in section 3.

3. Insertion of new section 14D in Guj.1 of 2005.

In the principal Act, after section 14C, the following section shall be inserted, namely:-

"14D Composition of tax on sales of eatables by hotels, restaurants, caterers, etc.

(1)Notwithstanding anything contained in this Act, the Commissioner may, in such circumstances and subject to such conditions as may be prescribed, permit any dealer who is engaged in the business of sale of eatables in any form (whether processed or unprocessed) served, delivered or given in package from the place of business of the dealer or any other place, to pay at his option in lieu of the amount of tax leviable from him under this Act, a lump sum tax by way of composition at such rate as may be fixed by the State Government by notification in the Official Gazette:

Provided that the Commissioner shall not grant permission to pay lump sum tax to a dealer who is engaged in the activity of manufacture of such goods as the State Government may, by notification in the Official Gazette, specify.

(2) The provisions of sub-section (3) and (4) of section 14 shall apply mutatis mutandis to a dealer who is permitted under sub-section (1) to pay lump sum tax by way of composition.

(3) The permission granted under sub-section (1) shall remain valid so long as the provisions of this section and rules made in this behalf are complied with. In case of breach of any of the provisions, the dealer shall be liable to pay tax under sections 7 and 9 for such tax period as may be prescribed.

Explanation.- For the purpose of this section, the word "eatables" means all kind of foods for the purpose of consumption including all types of alcoholic and non-alcoholic beverages, water (mineral, purified or aerated) and soda water, ice-cream and kulfi, sweets and sweetmeats, fruits and fruit juice, all types of milk preparations, bakery products and such other goods as the State Government may, by order specify".