Assam Notifciation Amends Schedule and Draft Rule
February 06, 2008
India Sales Tax And VAT Database
In exercise of the powers conferred by Section 17 of the Assam Value Added Tax Act, 2003 (Assam Act VIII of 2005), hereinafter referred to as the principal Act, the Governor of Assam is hereby pleased to make the following amendment by way of omission of serial number 8 and 92, modification of serial number 24(i) with entries thereto, insertion of new serial numbers 95, 96 and 97 in Part -A of Second Schedule and by way of addition of new serial number 25 with entries thereto in the Fourth Schedule to the said Act, by way of modification in serial numbers 1, 3, 4 and 5 in Third Schedule and by way of modification of Serial number 8 and by way of omission of serial number 22 with entries thereto in Fourth Schedule to the said Act, namely:
1. In the Principal Act, in Part-A of the Second Schedule,,-
(i) existing serial number 8 with entries thereto shall be omitted;
(ii) existing serial number 24(i) with entries thereto shall be modified as follows namely:-
| "24. | (i) Edible oils excluding coconut oil." |
(iii) existing serial number 92 with entries thereto shall be omitted;
(iv) after serial number 94, the following new serial numbers 95, 96 and 97 with entries thereto shall be inserted, namely :-
| "95. | Cranes, bulldozers, dumpers, road-rollers, tipper, excavators, earthmovers | |
| 96. | AAA conductors | |
| 97. | Dry fruits." |
2. In the principal Act, in the Third Schedule the rate of tax for the entries at serail numbers 1, 3, 4 and 5 shall be modified as follows, namely,--
| "1. | Gold Ornaments | 1 |
| 3. | Precious Stones | 1 |
| 4. | Bullion excluding silver bullions | 1 |
| 5. | Platinum whether as a part of the jewellery or otherwise | 1." |
3. In the principal Act, in the Fourth Schedule, -
(i) the rate of tax for the existing entry at serail numbers 8 shall be modified as follows, namely,--
| "8. | Bitumen. | 4."; |
(ii) serial number 22 with entries thereto shall be omitted;
(iii) after serial number 24, a new serial number 25 with entries thereto, shall be inserted, namely :-
| "25. | Bamboo | 4"; |
This notification shall come into force on the date of its publication in the Official Gazette.
INSTAVAT COMMENT
1. In Part-A of the Second Schedule (List of goods taxable at 4%) serial No. 8 and 92 Omitted w.e.f 2nd February, 2008 prior to Omission read as under:
8. Bamboo
92. Pure ghee
2. In the Fourth Schedule (List of goods taxable at the point of first sale in the State) serial No. 22 Omitted w.e.f 2nd February, 2008 prior to Omission read as under:
| "22. | Biscuits (On Maximum Retail Price basis) | 4"; |
The following draft of certain rules further to amend the Assam Value Added Tax Rules, 2005, hereinafter referred to as the principal Rules which the Governor of Assam proposes to make in exercise of the posers conferred by sub section (1) of Section 106 of the Assam Value Added Tax Act, 2003 (Assam Act VIII of 2005), the Governor of Assam is hereby published for information of all persons likely to be affected thereby and notice is hereby given that the draft rules will be taken into consideration after the expiry of a period of thirty days from the date of their publication in the Official Gazette.
The Governor of Assam will consider any objection and suggestion, which may be received by the undersigned in respect of the draft rules before the date so specified.
THE ASSAM VALUE ADDED TAX (AMENDMENT) DRAFT RULES, 2008
1. Short title and commencement.
(1) These rules may be called the Assam Value Added Tax (Amendment) Rules, 2008.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Insertion of new rule 33A.
In the principal Rules, after rule 33, a new rule 33A shall be inserted, namely:-
33A. Putting up a sign Board
A registered dealer shall put up a sign board of size not less than 12 inches x 24 inches at a conspicuous place near the cash counter displaying the following, namely:-
Dear customer,
Issue of cash memo for every sale above rupees one hundred is compulsory under the Assam Value Added Act, 2003. Please insist for cash memo for every purchase above rupees one hundred."
3. Amendment of rule 42.
In the principal Rules, in rule 42, -
(i) in the heading between the words "import of goods into the State by" and the word "Rail", the word punctuation mark "Road," shall be inserted;
(ii) in sub-rule (1), in the proviso, in between the word "exceed" and punctuation mark "-", the following words shall be inserted, namely:-
"The following quantities subject to the condition that value of such quantities does not exceed Rs.20,000/-".
4. Amendment of Rule 43.
In the principal Rules, in rule 43,-
(i) in the heading in between the words "Procedure for importing goods through" and the word "Rail", the word and punctuation mark "Road,", shall be inserted;
(ii) in sub rule (1) ,-
(a) the words, "other than through road transport", occuring between the words, "the State by any means" and "such as" shall be omitted;
(b) between the words "such as through" and the word "railways", the words and punctuation mark "road transport or" shall be inserted.
Any interested person who has any objection(s)/suggestion(s) to the proposed amendments, may file the same in writing to the Commissioner & Secretary to the Government of Assam, Finance Department, Dispur, Guwahati-6 within a period of 30(thirty) days from the date of publication of notification in the Official Gazette.