The Rajasthan Value Added Tax (Amendment) Act, 2007

(Act No. 3 of 2007)

(Received the Assent of the Governor on 9th day of April, 2007)

1.Short title and commencement. -

(1) This Act may be called the Rajasthan Value Added Tax (Amendment) Act, 2007.

(2) It shall deemed to have come into force and from 27-12.2006

2. Amendment of section 3.-

For the exiting sub-section (2) of section 3 of the Raj.VAT Act, 2003 hereinafter in this Act referred to as the principal Act, the following shall be substituted and shall be deemed to have been substituted with effect from 1.4.2006, namely:-

"(2) Notwithstanding anything contained in sub-section (1) a dealer other than that enumerated in clause (a) or clause (b) of sub-section (1), who purchases goods from a registered dealer of the state and sells such goods within the State, may opt for payment of tax on his turnover excluding the turnover of the goods specified in the Schedule I, at the rate as may be notified under sub-section (3) of section 4, subject to the condition that such annual turnover does not exceed rupees fifty lacs in a year."

3. Amendment of section 5.-

In sub-section (1) of section 5 of the principal Act, the existing expression "but subject to the provisions of sub-section (2) of section 3," shall be deleted and shall be deemed to have been deleted with effect from 1.4.2006.

4. Amendment of section 8. -

In section 8 of the principal Act, -

(i) after the existing sub-section (3) and before the existing sub-section (4), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from 1.4.2006, namely:-

"(3A) Subject to such conditions as it may impose, the State Government may, if it considers necessary so to do in the public interest, by notification in the Official Gazette, add to or omit from, or otherwise amend or modify the Schedule-II, prospectively or retrospectively, and thereupon the Schedule shall be deemed to have been amended accordingly."; and

(ii) in sub-section (5), for the existing expression "under sub-section (4)", the expression "under this section" shall be substituted and shall be deemed to have been substituted with effect from 1.4.2006.

5. Amendment of section 15. -

In sub-section (3) of section 15 of the principal Act, for the existing expression "the initial security shall be", the expression "the initial security shall be in the form of surety of two dealers registered under this Act, and where the dealer is not in a position to furnish such surety, he shall submit security" shall be substituted and shall be deemed to have been substituted with effect from 1.4.2006.

6. Amendment of section 17.-

In sub-section (2) of section 17 of the principal Act, for the existing expression "or under this Act or the repealed Act, shall be carried forwards to the next tax period or periods of the year and refund of the remaining amount, if any, shall be granted only after the end of the immediately succeeding year however,", the expression "or under this Act or the repealed Act and the balance amount if any, shall be carried forward to the next tax period or periods. In case the dealer claims refund of the balance amount, if any , at the end of the year, the same shall be granted only after the end of the immediately succeeding year. However," shall be substituted.

7.Amendment of section 18.-

In the existing clause (e) of sub-section (1) of section 18 of the principal Act, after the existing expression "raw material" and before the existing expression "in the manufacture" the expression ", except those as may be notified by the State Government," shall be inserted and shall be deemed to have been inserted with effect from 1.4.2006.

8. Amendment of section 20.-

After the existing sub-section (5) of section 20 of the principal Act, the following sub-section shall be added, namely:-

"(6) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, allow the dealer, availing the facility of deferment under sub-section (3), to make prepayment of the amount of deferred tax on such terms and conditions including the condition of remission from a part of deferred tax, as may be specified in such notification.".

9. Amendment of section 33.-

In sub-section (3) of section 33 of the principal Act, for the existing expression "presented to the assessing authority, appellate authority or Tax Board", the expression "presented to the assessing authority" shall be substituted.

11. Amendment of section 68. -

In sub-section (3) of section 68 of the principal Act, for the existing expression "empowered under sub-section (4) of section 75 or the officer empowered under sub-section (4) of section 76 or the Incharge of the check-post" the expression "authorized under sub-section (4) of section 75 or the officers authorized under sub-section (4) of section 76 or the Incharge of the check-post" shall be substituted and shall be deemed to have been substituted with effect from 1.4.2006.

12. Amendment of section 73. -

In section 73 of the principal Act,-

in sub-section (1), for the existing expression "Every registered dealer", the expression "Every registered dealer, other than the dealer who has opted for payment of tax under sub-section (2) of section 3 or under section 5 of the Act," shall be substituted and shall be deemed to have been substituted with effect from 1.4.2006; and

13.Amendment of section 76. -

In section 76 of the principal Act,-

(i) for the existing expression " the officer empowered", wherever occurring, the expression "the officer authorized" shall be substituted and shall be deemed to have been substituted with effect from 1.4.2006.

(ii) in sub-section (6), for the existing expression "clause (a) of sub-section (2)", the expression "clause (b) of sub-section (2)" shall be substituted ; and

(iii) in sub-section (13), for the existing expression "sub-section (11)", the expression "sub-section (12)" shall be substituted and shall be deemed to have been substituted with effect from 1.4.2006.

14. Repeal and Savings.-

(1) The Rajasthan Value Added Tax (Amendment) Ordinance, 2006 (Ordinance No. 5 of 2006) is hereby repealed

(2) Notwithstanding such, repeal, all things done, actions taken or orders made under the principal Act as amneded by the said Ordinance shall be deemed to have been done, taken or made under the principal Act as amended by this Act.