In exercise of the power conferred by section 114 of the West Bengal Value Added Tax Act, 2003 (West Ben. Act XXXVII of 2003, the Governor is pleased hereby to make the following amendment in the West Bengal Value Added Tax Rules, 2005, as subsequently amended (hereinafter referred to as the said rules) :-

Amendments

In the said rules,-

(1) in CHAPTER VIII in PART III,-

(a) in the heading, for the words "before assessment", substitute the words "before assessment and imposition of penalty for delay in filing return",

(b) in rule 40,-

(i) in the marginal note, for the word and figures "section 33,". substitute the words and figures "section 33 and payment of penalty."

(ii) in sub-rule (1).-

(A) in clause (b), for the word and figures "rule 34,", substitute the words and figures "rule 34. and";

(B) after clause (b) insert the following clause:-

"(c) pay into the appropriate Government Treasury under the appropriate challan showing seperately the amount of penalty, if any, to be calculated at the rate of fifty percentum of the amount of ne tax payable according to such return, or rupees two thousand whichever is lower for each month of default or part thereof.";

(iii) in sub rule (2), for the words, figure and brackets, "net tax and interest, under sub rule (1)," substitute the words, figure and brackets " net tax, interest and penalty under sub rule (1):"

(iv) in the proviso to sub-rule (2), -

(a) for the words "no net tax or interest, is payable by a dealer", substitute the words no net tax, interest or penalty, is payable by a dealer"

(B) for the words "the fact that no net tax or interest, is payable by him for such month", substitute the words "the fact that no net tax, interest or penalty, is payable by for such month";

(c) in rule 41, in sub-rule (1),- for the words "net tax and interest" .substitute the words "net tax, interest and the penalty calculated at the rate of fifty per centum of net tax payable according to such return, or rupees two thousand, whichever is lower for the month of default or part thereof';

(2) in Form 14.-

(a) after PART A, insert the following PART:-

"PART AA

(b) in PART C, after item no.44, insert the following item:-

(3) in Form 14D.-

(a) after PART A, insert the following PART:-

"PART AA

(b) in PART C, after item no.44, insert the following item:-

(4) in Form 15 after item no.19, insert the following item:-

This notification shall be deemed to have come into force with effect from the 1st day of April, 2007