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[Cites 0, Cited by 0] [Section 7] [Entire Act]

State of Kerala - Subsection

Section 7(2) in Kerala Finance Act, 2007

(2)in section 8,-
(a)in clause (a), in sub-clause (iii), after the existing proviso the following provisos shall be inserted, namely:-
"Provided further that this sub-clause shall not be applicable to any works taken up after 31st March, 2005 as a subsequent part or phase of the original work for which option had been filed under sub-section (7) or (7A) of section 7 of Kerala General Sales Tax Act, 1963 (15 of 1963):Provided also that the rate under this sub-clause shall be applicable only for the payments received up to 31st March, 2007 in respects of all works other than works awarded by the Government.";
(b)in clause (b),-
(i)for item (i), the following item shall be substituted, namely:-
"(i) for each crushing machine of size not exceeding 30.48 cm x 22.86 cm = Rs. 50,000 per annum;"
(ii)for item (ii), the following item shall be substituted, namely:-
"(ii)for the each crushing machine of size exceeding 30.48 cm x 22.86 cm but not exceeding 40.64 cm and 25.40 cm = Rs. 1,60,000 per annum;"
(iii)for item (iii), the following item shall be substituted, namely:-
"(iii) for the each crushing machine of size exceeding 40.64 cm x 25.40 cm = Rs. 3,20,000 per annum;";
(iv)after item (iii), the following item shall be inserted, namely:-
"(iv) for each cone crusher Rs. 7,50,000 per annum";
(v)the following proviso shall be inserted, namely:-
"Provided that in the case of dealers, who opted to pay compounded tax under this clause, no separate assessment shall be made in respect of m-sand produced by them.";
(c)in clause (f),-
(i)in sub-clause (ii) for the words "four hundred per cent" the words "two hundred per cent" shall be substituted;
(ii)in sub-clause (iv) in the proviso beginning with the words "provided further that where a dealer" the words "or tax payable as per returns or accounts whichever is higher for the preceding year" shall be omitted;
(iii)after sub-clause (iv), the following sub-clauses shall be inserted, namely:-
"(v) Notwithstanding anything contained in this Act, where a dealer has not exercised the option under sub-clause (iv) within the period prescribed therein, and a dealer who has commenced business during the period from the 1st day of October, 2006 to 28th day of February, 2007, may at his option, instead of paying tax in respect of such goods in accordance with the provisions of section 6, pay tax at compounded rate per month from the commencement of the business at one hundred and fifty per cent of the average monthly tax paid or payable under this Act from the commencement of business to 28th of February, 2007;
(vi)Notwithstanding anything contained in this Act, where a dealer commences business during the period from 1st March, 2007 to 30th June, 2007 may at his option instead of paying tax in respect of such goods in accordance with the provisions of section 6, pay tax at compounded rate per month from the commencement of the business at one hundred and fifty per cent of the average monthly tax paid or payable under this Act from the commencement of business to 30th day of June, 2007;
(vii)Notwithstanding anything contained in sub-clause (ii) of clause (f) where a dealer who has started business during the year 2005-2006 has become ineligible for paying tax at compounded rates on account of excess of input tax credit over output tax payable by such dealer during that period, such dealer may, at his option, instead of paying tax in accordance with provisions of section 6, pay tax at the compounded rate per month from the 1st day of April, 2006 at one hundred and fifty per cent of the average monthly tax paid or payable under the Act from 1st day of April, 2006 to 30th day of September, 2006;
(viii)Notwithstanding anything contained in this Act, the compounded tax payable for the year 2007-2008 by a dealer who exercised option for compounding under this clause between 1st December, 2006 and 15th March, 2007 shall be one hundred and fifteen per cent of the compounded tax fixed for the year 2006-2007 or tax collected as per accounts, whichever is higher.".