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State of West Bengal - Section

Section 10 in The West Bengal Tax On Entry Of Goods Into Local Areas Act, 2012

10. Payment of tax and security by dealers, and by importer other than dealer.

(1)An unregistered dealer or an importer other than a dealer liable to pay tax under this Act shall ascertain the import value of goods on his own assessment, referred to herein as self-assessment, in respect of consignment of specified goods at the time of entry of such goods into a local area for consumption, use or sale therein and determine the tax payable under the provisions of this Act accordingly upon his self-assessment.
(2)While making the declaration under section 8 in respect of entry of specified goods, the unregistered dealer or importer other than a dealer shall in the prescribed manner pay into the appropriate Government Treasury a security towards the amount of tax payable under this Act as determined by him under sub-section (1) upon such self-assessment and the proof of payment of such security shall accompany the declaration made by such dealer or importer other than a dealer under section 8.
(3)If it is found by an unregistered dealer or importer other than a dealer within two years from entry of any consignment of specified goods that -
(a)the security paid by him under sub-section (2) in respect of entry of such consignment of specified goods is lower than the amount of tax actually payable by him under this Act, he shall pay the full amount of tax, after adjustment of the amount already paid as security, to such authority, within such period, in such manner and along with such documents, as may be prescribed; and
(b)if such security paid under sub-section (2) in respect of entry of such consignment of specified goods is in excess of the amount of tax actually payable by him under this Act, he shall apply for refund of the amount paid in excess to such authority, within such period, in such manner, and along with such documents, as may be prescribed.