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[Cites 0, Cited by 0] [Section 22] [Entire Act]

State of West Bengal - Subsection

Section 22(20) in West Bengal Value Added Tax Act, 2003

(20)The burden of proof on the admissibility of the amount of input tax credit or input tax rebate, shall lie on the [registered purchasing dealer] [Substituted w.e.f. 01.04.2005 by S. 12(9) (f) of WB Act XVIII of 2006 for 'registered dealer'.].Negative List[See sub-section (4) and sub-section 12 (e) of section 22.]List of goods not eligible for input tax credit or input tax rebate
Serial No.(1) Description of goods(2)   Exceptions(3)
1 Air-conditioning units, air coolers, fans andair circulators.   When the registered dealer is in the business ofdealing in such goods.
2 All automobilesincluding commercial vehicles, and two and three wheelers, andspare parts for repair and maintenancethereof.   When the registered dealer is in the business ofdealing in such automobiles or spare parts.
3 Crude oil.   When the registereddealer is in the business of dealing in crude oil or ofmanufacturing any goods taxable under the Actusing crude oil as a raw material.
4 Food, beverages and tobacco products.   When the registered dealer is in the business ofdealing in such goods.s
5 Building materials,namely,bricks, sand, cement, stonechips,iron and steel asreferredto in section 14 ofthe CentralSales Tax Act, 1956, marble,tiles, doors, windows,sanitaryfittings, bathroomfittings, drainpipes and all other materialsused inconstruction,reconstruction or repair of a civilstructure or parts thereof.   [When the registereddealer is a works contractor and uses such goods in the executionof works contracts, or when the registered dealer is in thebusiness of dealing in [Substituted w.e.f. 01.08.2006 by S. 12(9) (g) (i) of WB Act XVIII of 2006 for 'When the registered dealer is a works contractor, or when the registered dealer is in the business of dealing in such goods.]such goods.]
6 Office equipments.   When the registered dealer is in thebusiness ofdealing in such goods.
7 Furniture, fixture including electrical fixturesand fittings.   When the registered dealer is in thebusiness ofdealing in such goods.
8 Taxable goods whichare used ascapital goods, raw materials,considerable storesrequired inthe manufacture of goods specified in Schedule A orused in the packing of goods so manufactured and not sold in thecourse of export.    
9 Goods purchased and accounted for in businessbut utilised for the purpose of providing facility to theemployees including any residential accommodation.    
10 Goods used for personal consumption or receivedas gifts.    
11 Taxable goodspurchased for use in business other than that as defined insub-clause (a) ofclause (5) of section 2.    
[12 [Inserted w.e.f. 01.08.2006 by S. 12(9) (g) (ii) of WB Act XVIII of 2006.] Coal, furnace oil, or any other fuel used forany purpose.   When the registered dealer is in the business ofdealing in such goods
13 Generators and parts and accessories thereofused for captive generation   When the registereddealer is in the business of dealing in such goods]