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[Cites 0, Cited by 6] [Section 13] [Entire Act]

State of Tamilnadu - Subsection

Section 13(1) in Tamil Nadu Value Added Tax Act, 2006

(1)Notwithstanding anything contained in this Act, every person responsible for paying any sum to any dealer for execution of works contract shall, at the time of payment of such sum, deduct an amount calculated, at the following rate, namely:-
(i) Civil works contract: two per cent of the total amount payable to such dealer;
(ii) Civil maintenance works contract : two per cent of the total amount payable to such dealer;
(iii) All other works contract contracts: [five] [The word 'Four' has been substituted by the word 'Five' by Section 4 of the Amendment Act (4 of) 2012, with effect from 10th March 2012]per cent of the total amount payable to such dealers:
Provided that no deduction under sub-section (1) shall be made where -
(a)no transfer of property in goods (whether as goods or in some other form) is involved in the execution of works contract; or
(b)transfer of property in goods (whether as goods or in some other form) is involved in the execution of works contract in the course of inter-State trade or commerce or in the course of import; or
(c)the dealer produces a certificate in such form as may be prescribed from the assessing authority concerned that he has no liability to pay or has paid the tax under section 5:
Provided further that no such deduction shall be made under this section, where the amount or the aggregate of the amount paid or credited or likely to be paid or credited, during the year, by such person to the dealer for execution of the works contract including civil works contract does not or is not likely to, exceed rupees one lakh.Explanation. - For the purpose of this Section -
(a)the term ' person' shall include -
(i)the Central or a State Government;
(ii)a local authority;
(iii)a corporation or body established by or under a Central or State Act;
(iv)a company incorporated under the Companies Act, 1956 including a Central or State Government undertaking;
(v)a society including a co-operative society;
(vi)an educational institution; or
(vii)a trust;
(b)the term "civil works contract" shall have the same meaning as in the Explanation to Section 6