The Kerala General Sales Tax - Notifications
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EXTRACT OF THE KERALA FINANCE BILL, 2021

(As Passed by the Assembly) (dated 12.08.2021)

BILL

to give effect to certain financial proposals of the Government of Kerala for the Financial Year 2021-2022.

Preamble.- Whereas, it is expedient to give effect to certain financial proposals of the Government of Kerala for the Financial Year 2021-2022.

Be it enacted in the Seventy-second Year of Republic of India as follows:-

1. Short title and commencement.-

(1) This Act may be called the Kerala Finance Act, 2021.

(2) Save as otherwise provided in this Act,-

(a) Sub-sections (3) and (4) of section 8 shall be deemed to have come in ter force on the 1st day of August, 2021.

(b) sub- section (5) of section 8 shall be deemed to have come into force on the 1st day of June, 2021, remaining provisions of section 8 shall come into force on such date as the Government may, by notification in the official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this section and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. Amendment of Act 11 of 1957

In the Kerala Surcharge on Taxes Act, 1957 (11 of 1957), in section 3A,-

(1) in sub-section (1),-

(a) in clause (i), for the words "fifty per cent", the words "seventy per cent" shall be substituted;

(b) in clause (ii), for the words "forty per cent", the words "sixty per cent" shall be substituted;

(2) in sub-section (4), for the words "an assessee", the words "a year" . shall be substituted;

(3) in sub-section (5),-

(a) for the words and figures "30th November, 2020", occurring at both the places, the words and figures "30th November, 2021" shall be substituted;

(b) for the words and figures "31st March, 2021", the words and figures "31st March, 2022" shall be substituted;

(4) in sub-section (7), for the words and figures " 31st March, 2021", the words and figures "31st March, 2022" shall be substituted;

(5) after sub-section (12), the following sub-section shall be inserted, namely:-

"(12A) Where any amount has been paid in part under this section during the year 2020-21, the amount so paid shall be appropriated towards the earliest arrear, and the balance amount, if any, shall be appropriated towards the arrears of subsequent years. In the case where such amount is to be given credit towards the arrears opted to be settled under this section, the amount shall be given credit as surcharge before reckoning the arrears to be settled under sub-section (6)."

Explanation:- For the purpose of this section, "earliest airear" means the outstanding dues related to the oldest year among the arrears pending against an assessee."

4. Amendment of Act 15 of 1963.-

In the Kerala General Sales Tax Act, 1963 (15 of 1963),-

(1) in section 7, in the proviso, after the figures and symbol "2014-15", the word, figures and symbol "and 2015-16" shall be inserted;

(2) in sub-section (1) of section 7A,-

(i) in clause (i), after the figures and symbol "2014-15", the word, figures and symbol "and 2015-16" shall be inserted;

(ii) in clause (iii),-

(a) for the words and figures " 31st March, 2020" occurring at both the places, the words and figures " 31st December, 2020" shall be substituted;

(b) in sub-dause (a), for the words and figures "30th November, 2020", the words and figures "30th September, 2021", shall be substituted;

(c) in sub-clause (d), for the words and figures " 31st March, 2021", the words and figures " 31st October, 2021", shall be substituted.

(3) in section 23B,-

(i) in sub-section (1),-

(a) in clause (i),-

(i) in sub-clause (a), for the words "fifty per cent", the words "seventy per cent", shall be substituted;

(ii) in sub-clause (b), for the words "forty per cent", the words "sixty per cent" shall be substituted;

(b) in clause (ii), for the words and figures " 31st March, 2020", the words and figures " 31st March, 2021" shall be substituted;

(ii) in sub-section (4) for the words "an assessee" the words "a year" shall be substituted;

(iii) in sub-section (5),-

(a) for the words and figures "30th November, 2020", occurring at both the places, the words and figures "30th November, 2021", shall be substituted;

(b) for the words and figures " 31st March, 2021", the words and figures " 31st March, 2022" shall be substituted;

(iv) in sub-section (7), for the words and figures " 31st March, 2021", the words and figures " 31st March, 2022" shall be substituted;

(v) after sub-section (11), the following sub-section shall be inserted, namely:-

"(11A) Where any amount has been paid in part under this section during the year 2020-21, the amount so paid shall be appropriated towards the earliest arrear, and the balance amount, if any, shall be appropriated towards the arrears of subsequent years. In the case where such amount is to be given credit towards the arrears opted to be setded under this section, the amount shall be given credit as tax before reckoning the arrears to be settled under sub-section (6).

Explanation:- For the purpose of this section, "earliest arrear" means the outstanding dues related to the oldest year among the arrears pending against the assessee."