The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:-

EXTRACT OF THE WEST BENGAL FINANCE ACT, 2011.

West Bengal ACT VII 2011

[passed by the West Bengal Legislature]

[Assent of the Governor was first published in the Kolkatta Gazette, Extraordinary, of the 30th August, 2011]

An Act to amend the Indian Stamp Act, 1899 (2 of 1899), in its application to West Bengal, the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972 (West Ben. Act XXI of 1972) , the West Bengal Sales Tax Act, 1994 (West Ben. Act XLIX of 1994) and the West Bengal Value Added Tax Act, 2003 (West Ben. Act XXXVII of 2003).

WHEREAS it is expedient to amend the Indian Stamp Act, 1899, in its application to West Bengal, the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972, the West Bengal Sales Tax Act, 1994 and the West Bengal Value Added Tax Act, 2003, for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Sixty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. Short title and commencement

(1) This Act may be called the West Bengal Finance Act, 2011.

(2) Save as otherwise provided, it shall come into force on such date, or shall be deemed to have come into force on such date, as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

4. Amendment of West Ben. Act XLIXof 1994.

In the West Bengal Sales Tax Act 1994-

(1) in section 56A, for sub-section (5), the following sub-section shall be substituted:-

"(5) The amount payable by an applicant for settlement of the total amount recoverable in respect of a certificate as referred to in sub-section (1), shall be determined-

(a) at the rate of twenty-five per centum of the amount, subject to the provisions of sub-section (8), and sub-section (9), of section 52, specified in a certificate referred to in sub-section (2) of section 52 or the actual amount paid in respect of the amount specified in such certificate, whichever is higher; and

(b) at the rate of five per centum of the amount specified in a certificate referred to in sub-section (2) of section 52 towards the amount of interest recoverable under clause (a) of rule 5 of the rules in Schedule X till the date of making application under sub-section (3), subject to a maximum of rupees one lakh, or the actual amount paid towards the interest recoverable, whichever is higher; and

(c) at the rate of one hundred rupees as charges recoverable under clause (b) of rule 5 of the rules in Schedule X till the date of making the application under sub-section (3), or the actual amount paid towards charges recoverable, whichever is higher:

Provided that where the applicant has already paid, before coming into force of this sub-section, the amount as specified in the certificate referred to in sub-section (2) of section 52 in excess of or equal to the total amount specified in clause (a), clause (b) and clause (c) above, or where the applicant makes good the deficit amount to make it equal to the total amount specified in clause (a), clause (b) and clause (c) above, the same shall be accepted as payment made in full of "the total amount recoverable" as referred to in sub-section (1):

Provided further that the amount paid in excess of the total amount as referred to in the first proviso shall not be refundable to the applicant under any circumstances.";

(2) in section 68, to sub-section (3), the following proviso shall be added:-

"Provided that the Commissioner may from amongst the registered dealers select certain such dealers who may be allowed to import goods from outside the State on the basis of such documents, under such circumstances, and under such conditions and restrictions as may be prescribed.";

(3) in Schedule VIII, in the entry in column (3) against serial No. 2 in column (1), for the words "Thirty-seven", the word "Fifty" shall be substituted.

By order of the Governor,

B. K. SRIVASTAVA,

Secy.-in-charge to the Govt, of West Bengal,

Law Department.