The following Act of the Kerala State Legislature is hereby published for general information. The Bill as passed by the Legislative Assembly received the assent of the Governor on the 8th day of November, 2011.
By order of the Governor,
C. K. PADMAKARAN,
Special Secretary (Law).
EXTRACT OF THE KERALA FINANCE ACT. 2011
ACT No. 16 OF 2011
An Act to give effect to certain financial proposals of the Government of Kerala for the Financial Year 2011-12
Preamble- WHEREAS, it is expedient to give effect to certain financial proposals of the Government of Kerala for the Financial Year 2011-2012 :
BE it enacted in the Sixty-second Year of the Republic of India as follows:-
1. Short title and commencement -
(1) This Act may be called the Kerala Finance Act, 2011.
(2) Save as otherwise provided in this Act,-
(i) clause (ii) of sub-section (2) and sub-clause (f) of clause (i) of sub-section (12) of section 8 shall deemed to have come into force on the 1" day of April, 2005 ;
(ii) sub-section (7) and sub-clause (g) of clause (ii) of sub-section (12) of section 8 shall be deemed to have come into force on the 1st day of April, 2007 ;
(iii) sub-clause (e) of clause (ii) of sub-section (3) of section 8 shall be deemed to have come into force on the 1st day of April, 2010 ;
(iv) section 2, clause (i) of sub-section (3) of section 4, sub-sections (1), (2), (3) and (4) of section 5, sub-sections (1), (2), (3) . (4) and (6) of section 6 and sub-section (1), item (ii) of sub-clause (b), sub-clauses (c) and (d) of clause (i), sub-clause (d) of clause (iii) of sub-section (2), sub-clauses (a), (b), (c) and (d) of clause (ii) of sub-section (3), sub-sections (4). (5), (6). (8) and (10). clause (i) of sub-section (11), sub-clauses (b), (c) and (e) of clause (i), sub-clauses (a), (c), (d), (e) and (f) of clause (ii) of sub-section (12) of section 8 shall be deemed to have come into force on the 1" day of April. 2011 ;
(v) section 3, sub-sections (1), (2), (4) of section 4, sub-section (5) of section 6, section 7, sub-clause (a), item (i) of sub-clause (b) of clause (i) and sub-clauses (a), (b) and (c) of clause (iii) of sub-section (2), sub-section (9), clause (ii) of sub-section (11), sub-clauses (a) and (d) of clause (i), sub-clause (b) of clause (ii) of sub-section (12) of section 8, sections 9, 10 and 11 shall be deemed to have come into force on the 19th day of July, 2011
(vi) the remaining provisions of this Act shall come into force at once
2. Amendment of Act 11 of 1957.-
In the Kerala Surcharge on Taxes Act, 1957 (11 of 1957),-
(1) in section 3A,-
(i) in sub-section (3), for the figures, words and symbol "31st December, 2010", the figures, words and symbol "30th September, 2011" shall be substituted;
(ii) in sub-section (4), for the figures, words and symbol "31st December, 2010", the figures, words and symbol "30th September, 2011" shall be substituted;
(2) in section 3B,-
(i) in sub-section (2), for the figures, words and symbol "31st December, 2010", the figures, words and symbol "30th September, 2011" shall be substituted;
(ii) in sub-section (3), for the figures, words and symbol "31st December, 2010", the figures, words and symbol "30th September" shall be substituted.
5. Amendment of Act 15 of 1963.-
In the Kerala General Sales Tax Act, 1963 (15 of 1963),-
(1) to section 7, the following proviso shall be added, namely:-
"Provided that the rate of tax mentioned under clause (b) of item (i) above shall be one hundred and ten per cent of the tax paid for the previous year for those bar hotels who have paid compounded tax under this Act continuously for the last five years and one hundred and twelve per cent of the tax paid for the previous year for those who have paid compounded tax continuously for the last three years.".
(2) in section 17,-
(i) in sub-section (6), for the fourth proviso, the following proviso shall be substituted, namely :-
"Provided also that the assessment relating to the years up to and including the year 2005-06 pending as on 31st March, 2011 shall be completed on or before 31st March, 2012:";
(ii) in sub-section (8),--
(a) for the first proviso, the following proviso shall be substituted, namely :-
"Provided that all such assessments or reassessments pending as on 31st March, 2011 shall be completed on or before 31st March, 2012.";
(b) for the third proviso, the following proviso shall be substituted, namely :-
"Provided also that all such modified assessments or modified reassessments or remanded assessments pending as on 31st March. 2011 shall be completed on or before 31st March, 2012.";
(3) in section 23B,-
(i) in sub-section (3), for the figures, words and symbol "31st December, 2010", the figures, words and symbol "30th September" shall be substituted;
(3) in section 23BA,-
(ii) in sub-section (3), for the figures, words and symbol "31st December, 2010", the figures, words and symbol "30th September, 2011" shall be substituted.
12. Validation-
(1) Notwithstanding the lapse of the Kerala Finance Bill, 2011 (Bill No. 426 of the Twelfth Kerala Legislative Assembly) (hereinafter referred to as the said Bill) and the cesser of force of law of the declared provisions of the said Bill, anything done or any action taken, including the levy and collection of tax or duty, during the period from the 1st day of April, 2011 to the 19th day of July, 2011, by virtue of the declared provisions contained in the said Bill, under the Kerala Surcharge on Taxes Act, 1957 (11 of 1957) or under the Kerala Stamp Act, 1959 (17 of 1959) or under the Kerala General Sales Tax Act, 1963 (15 of 1963) or under the Kerala Tax on Luxuries Act, 1976 (32 of 1976) or under the Kerala Value Added Tax Act, 2003 (30 of 2004) (hereinafter referred to as the "respective Acts'), as they stand amended by the said Bill, shall be deemed to be and to have always been, for all purposes, validly and effectively done or taken under the provisions of the respective Acts, as if the said amendments had been in force at all material times.
(2) Notwithstanding anything contained in the respective Acts during the period from 1st April, 2011 to the 19th day of July, 2011 during which the declared provisions contained in the said Bill was in force, anything done or any action taken by virtue of the said provisions of the said Bill, shall be deemed to have been validly done or taken under the respective Acts and no action shall lie against any dealer or authority on the ground of short levy or refund of excess tax or duty and tax or duly collected, if any, by a dealer or an authority, as the case may be, shall be paid over to the Government.