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State of Madhya Pradesh - Section

Section 4 in The M.P. Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976

4. Rate at which entry tax to be charged.

- [(1) The entry tax payable by a dealer under this Act shall be charged on his taxable quantum relating to goods specified in Schedule II and Schedule III at the rates mentioned in the said Schedules;Provided that notwithstanding anything contained in this sub-section and subject to such conditions and restrictions as may be prescribed,-(i)the entry tax payable in respect of goods specified in Schedule II [other than coal as specified in Serial No. 1 and iron and steel as specified in Serial No. 3 of Part I of the said Schedule] which are consumed or used as raw material for the manufacture of other goods shall be one per cent, if the rate of tax specified in Schedule II exceeds one per cent;(ii)where the dealer contravenes any of the conditions or restrictions or has not consumed or used the goods as raw material for the manufacture of other goods in any local area in Madhya Pradesh, he shall be liable to pay as entry tax an amount equal to the difference between the entry tax payable at the full rate as mentioned in Schedule II and the concessional rate of such tax mentioned in clause (i) above :Provided further that where the goods specified in Schedule II, [other than coal as specified in Serial No. 1 and iron and steel as specified in Serial No. 3 of Part I of the said Schedule] [Substituted by M.P. Act No. 10 of 2010 (w.e.f. 1-4-2010).] which have already suffered entry1 tax at a rate exceeding one per centum are purchased by a registered dealer from another such dealer for consumption or use by him as raw material for the manufacture of other goods, he (the purchasing registered dealer) shall, subject to such restrictions and conditions as may be prescribed, be entitled to a set off or refund, as the case may be, of an amount equal to the difference between the amount of tax computed at the full rate of tax mentioned in Schedule II and the amount of tax at one per cent on such proportion of the price at which he had purchased the goods, as may be prescribed.] [Substituted by Act No. 36 of 1997 (w.e.f. 1 -10-1997).]
(2)The State Government may, by notification, declare that the entry tax on the goods specified in the notification shall, in the circumstances specified therein, be recovered on a basis other than on the value of goods and thereupon the entry tax shall be charged on such goods on that basis as if it were the rate of entry tax specified in respect of the entry of goods into the local area in such circumstances.