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[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Rajasthan - Subsection

Section 4(7) in The Rajasthan Value Added Tax Act, 2003

(7)Notwithstanding anything contained in this Act, any registered dealer, who imports into, or manufactures in, the State such goods as may be notified by the State Government, may, at his option, pay, in lieu of the tax payable by him on sale price of such goods under this Act, a tax at full rate on the maximum retail price of such goods in the manner as may be prescribed:Provided that where a dealer has purchased any goods-
(a)from aforesaid importer or manufacturer upon payment of tax on the maximum retail price of such goods; or
(b)from another importer dealer where tax on the maximum retail price of such goods was paid in the State on an earlier occasion,
the purchasing dealer, irrespective of whether he is registered or not, while making resale of such goods in the State, shall, notwithstanding anything contained elsewhere in the Act, the entitled to recover from the buyer the amount of tax paid by him at the time of purchase of such goods under such conditions and restrictions, and in such manner, and within such time, as may be prescribed:[Provided further that a dealer who opts payment of tax under this sub-section shall not allow any trade discount or incentive in terms of quantity of goods in relation to any sale of goods covered under this sub-section, effected by him, for the purpose of calculating his tax liability.] [Added by Rajasthan Act No. 15 of 2011, dated 11.4.2011.][Substituted by Rajasthan Finance Act, 2017, dated 31.3.2017]
Substituted by Rajasthan Act 4 of 2006, Published in Rajasthan Government Gazette Extraordinary, Part IV-A, dated 31-3-2006, page 61(47) [1-4-2006]Legislative Changes.- Section 4 substituted by Rajasthan Act 4 of 2006 w.e.f. 31-3-2006. Before substitution the section was as under : -"4. Levy of tax and its rate.- (1) Subject to the other provisions of this Act and the provisions of the Central Sales Tax Act, 1956 (Central Act No. 74 of 1956), the tax payable by a dealer under this Act, shall be at such point or points as may be prescribed in the series of sales by successive dealers, and shall be levied at such rates not exceeding fifty percent on the taxable turnover, as may be notified by the State Government in the Official Gazette.(2) Every dealer who in the course of his business purchases any goods other than exempted goods, in the circumstances in which no tax under sub-section (1) is payable on the sale price of such goods and the goods are disposed of for the purpose other than those specified in clause (a) to (g) of sub-section (1) of section 18, shall be liable to pay tax on the purchase price of such goods at the same rate at which it would have been leviable on the sale price of such goods under sub-section (1).(3) Notwithstanding anything contained in sub-section (1), the tax payable by a dealer covered by sub-section (2) of section 3, shall be levied at such rates not exceeding five percent on the turnover, as may be notified by the State Government.(4) Where any goods are sold packed in some material, whether charged for separately or not, notwithstanding anything contained in sub-section (1), the tax liability of and the rate of tax on the packing material shall be according to the tax liability of and the rate of tax on the goods packed therein."