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State of West Bengal - Section

Section 2 in The West Bengal Additional Tax and One-Time Tax On Motor Vehicles (Amendment) Act, 2012

2. Amendment of section 2 of West Bengal Act XIX of 1989.

- In section 2 of the West Bengal Additional Tax and One-time Tax on Motor Vehicles Act, 1989 (hereinafter referred to as the principal Act), -
(1)after clause (a), the following clause shall be inserted : -'(aa) "age" means the number of completed years from the date of registration of the motor vehicle :Provided that in case of refund of life-time tax or one-time tax, as the case may be, in respect of a motor vehicle, the part of a year shall be considered as one year of age of such motor vehicle;':
(2)for clause (d2), the following clause shall be substituted : -'(d2) "life-time tax" means the tax imposed on motor cycle or motor cycle combination or motor car and omnibus (with seating capacity upto 14 and not registered as transport vehicle) under the Act, other than battery operated motor vehicle, and leviable for the entire life-time of such motor cycle or motor cycle combination or motor car and omnibus, as the case may be;';
(3)after clause (o), the following clause shall be inserted : -'(o1) "value" means, for the purpose of computation of life-time tax or one-time tax, as the case may be, the value of the motor vehicle other than battery operated motor vehicle, calculated in the manner as follows :-
(a)in case of new motor vehicle manufactured in India, value shall be such ex-showroom price, as the State Government may, by notification in the Official Gazette, specify;
(b)in case of old or obsolete motor vehicle manufactured in India, value shall be such ex-showroom price, as the State Government may, by notification in the Official Gazette, specify;
(c)in case of vehicle manufactured outside India, value shall be the purchase price in Indian currency and inclusive of freight charges and all taxes and levies at the time of import into India or brought from other State for change of address in West Bengal;
(d)in case of vehicles purchased or registered outside the State and brought in West Bengal on change of address, and for vehicles already registered in West Bengal on which life-time tax has not been paid, value shall be the cost prevailing in West Bengal on the day the tax becomes due on similar type of vehicle in West Bengal;
(e)in case of military disposal vehicles, value shall be the amount as prevailing on the day of registration on similar type of vehicle in West Bengal.
Explanation. - For the purpose of this Act, the expression "ex-showroom price" means -
(a)in respect of new motor vehicle, the price of motor vehicle of new model on which value added tax has been calculated and charged;
(b)in respect of old or obsolete motor vehicle, the price of the last model before it became obsolete,
and includes value added tax, entry tax and any other tax as may be applicable but excludes the charges for registration and insurance.'.