State of Assam - Act
The Assam Amusements and Betting Tax Rules, 1939
ASSAM
India
India
The Assam Amusements and Betting Tax Rules, 1939
Rule THE-ASSAM-AMUSEMENTS-AND-BETTING-TAX-RULES-1939 of 1939
- Published on 1 August 1939
- Commenced on 1 August 1939
- [This is the version of this document from 1 August 1939.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Title.
- These rules may be called the Assam Amusements and Betting Tax Rules, 1939 shall come into force on the 1st August, 1939.Chapter I
Entertainment Tax Rules
2.
3.
No person shall purchase any such stamp except from a person duly appointed to sell and distribute stamps, or duly licensed to deal in stamps:Provided -4.
5.
The proprietor shall not issue to any person a stamp referred to in Clause (a) of Section 4 of the said Act otherwise than ; securely affixed to a ticket issued for the purpose of authorising admission to the entertainment.6.
The proprietor shall not, on any payment for admission to the entertainment being made, issue in respect of that payment any ticket authorising admission to the entertainment other than a ticket to which is affixed a stamp denoting the proper amount of entertainment tax chargeable in respect of the payment; provided that this rule shall not apply in any case where the proprietor of the entertainment has made arrangements for furnishing returns of the payments for admission and has given security to the satisfaction of the Provincial Government for the payment of the entertainment tax.7.
8.
8A.
9.
9A. Permission for operating cable television network.
9B. Payment of tax on cable service.
9C. Application to Commissioner before holding an entertainment.
- Any person or organisation desirous of holding an entertainment shall submit to the Commissioner or the officer authorised by him in this behalf an application in Form XXIII, where the admission to the entertainment is through open sale of tickets and in Form XXIV, where the admission to the entertainment is otherwise that through open sale of tickets, at least 10 days before the date of such entertainment;Provided that the Commissioner or the officer authorised by him in this behalf may accept an application submitted later than 10 days before the date of entertainment, if he is satisfied that there are cogent grounds for not submitting the application in time.10.
The proprietor shall not admit any person to the entertainment without any payment, unless that person is the holder of a ticket or document entitling him to be admitted without payment and clearly marked "complimentary" or "free" or a badge recognised by the proprietor as entitling the holder thereof so to be admitted. No person shall enter or otherwise obtain admission to an entertainment without payment unless he is the holder of such a ticket, document or badge as aforesaid.10A. Payment of lump-sum tax for cinematograph exhibition.
11.
Any reference in these rules to admission to a place of entertainment or to a person admitted to a place of entertainment shall be deemed to include a reference to the admission to another part of the place of entertainment, for admission to which part a payment involving payment of entertainment tax or more entertainments tax is required of a person who has been admitted to one part of that place of entertainment and to such a person admitted to such another part of the place of entertainment, and these rules shall have effect accordingly.12.
Every proprietor is required to keep registers of payments for admission and records of stamps denoting the entertainments tax purchased and used in Forms No. I and II, and to issue tickets in Forms No. I-A and I-E annexed to these rules.12A.
Every cinema proprietor shall display conspicuously a notice in Form I-C annexed to these rules, in English and in the principal local vernacular or vernaculars at the window or at the place where the ticket authorising admission to an entertainment is sold and shall also flash daily this notice on the screen at each show between the news reel and the main picture for sufficient length of time.13.
14.
15.
When a proprietor is permitted to avail himself of the provisions of sub-section (b) of Section 4 of the Act he shall submit to the prescribed officer within ten days of the entertainment a return in Form No. III showing the number of persons admitted by the mechanical contrivance, the gross amount includes tax paid for admission by such persons and the amount of tax collected from them.16.
No reason shall in any circumstances be admitted by any mechanical contrivance save on payment of the price of admission, inclusive of tax. Such price inclusive of tax shall be exhibited in conspicuous position on or near the mechanical contrivance; the fact that the price is inclusive of tax shall also be exhibited clearly.17.
All payments made in accordance with the provisions of sub-section (1) of Section 4 of the Act shall be made to the prescribed officer within ten days of the entertainment at such time and place and in such manner as he shall require.18.
Every proprietor of an entertainment shall, when more than ten per cent of the tickets for any class or seal for an entertainment are issued as complimentary tickets, submit to the prescribed officer, within 10 days from the date of performance of the entertainment, a return of such tickets in Form IV, giving reasons for issuing the same such return shall be exclusive of the number of complimentary tickets claimed under any lease for the time being in force in respect of the place where the entertainment is held.19.
Where exemption is given under Section 8 of the Act the prescribed officer shall issue to the proprietor a certificate in Form No. V and the proprietor shall comply with the conditions therein stated.20.
All applications for exemption under Section 8 of the Act shall be made to the prescribed officer, not less than thirty days before the date of entertainment:Provided that the prescribed officer, may for good and sufficient reasons to be recorded in writing condone the delay in making of an application under the rule.21.
For the purpose of these rules-Chapter II
Refunds and Renewals
22.
When any stamp or stamps referred to in Clause (a) of Section 4 of the Assam Amusements and Betting Tax Act have been damaged or spoiled and it is required to renew the same, the Commissioner of Taxes or any other officer or officers authorised by him may, on the application of any person made within six months from the date of the purchase of the stamp, give in lieu thereof-23.
When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Commissioner of Taxes or any other officer or officers authorised by him shall repay to such person the value of such stamp or stamps in money deducting one anna for each rupees or portion of a rupee, upon such person delivering up the same to be cancelled and proving to the Commissioner of Taxes or any other officer or officers' satisfaction-24.
Application for renewal or refund of stamps shall invariably be made to the Commissioner of Taxes or any other officer or officers authorised by him of the district where the stamps were purchased.25.
Any person claiming under Section 9 of the Act a refund of the entertainments tax shall present an application for such refund to the Commissioner of taxes or any other officer or officers authorised by him within 15 days from the date of the entertainment. An application for refund not presented within such period shall be rejected.25A.
Where any security deposit made under Section 4-A of the Assam Amusement and Betting Tax Act, 1939, or part thereof is not required to be retained for purposes of the Act, it may be refund by the officer who demanded it, on claim preferred to that effect.25B.
Chapter III
Betting Tax Rules On Horse Racing
26.
In the case of credit bets, the betting tax on horse race shall be deducted or collected by the licensed book-maker for horse race, with whom such bets have been made on the setting day.27.
Each licensed book-maker for horse race shall keep accounts of all bets made with him, whether in cash or on credit in Form VI annexed to these rules. The accounts shall be shown separately for "win" and "place" bets.28.
The accounts prescribed by Rule 27 together with a statement in Form VII annexed to these rules, shall be produced by the licensed book-maker for horse race before the prescribed officer within seven days of the last racing day or a race-meeting, and the amount of betting tax on horse race found by examination of such accounts to be due to Government, shall be paid by the licensed book-maker for horse race to the prescribed officer within seven days of the examination of the accounts and the determination by the prescribed officer of the amount of tax due.29.
Where any bet is disputed, the amount of the betting tax on horse race due thereon shall be paid by the book-maker within seven days of the decision-of the stewards of the race meeting.30.
The amount of bearing tax on horse race received by the prescribed officer on behalf of the Government under these rules shall be paid to the credit of the Government of Assam forthwith.31.
The prescribed officer shall prepare and maintain a statement showing for each race meeting the amount of monies paid or agreed to be paid by each licensed book-maker for horse race and the amount of tax due thereon.32.
The prescribed officer for the purpose of these rules in respect of betting tax on horse race shall be the Commissioner of Taxes or any other officer or officers authorised by him.Chapter IV
Totalisator Tax Rules
33.
The stewards of a race-meeting shall furnish to the prescribed officer not later than the 1st day of May in each year a statement showing the number of totalisators to be maintained by them at each race meeting throughout the year, and the minimum sum that can be paid into each totalisator by a backer as a stake, and shall intimate to the prescribed officer any subsequent variation in the number and description of totalisators so maintained.34.
The stewards of a race-meeting shall give accounts in the following form of all notices paid into the totalisator at that meeting:35.
Where money is paid by credit into the totalisator by means of I.O.U. voucher, the amount of the stake so laid by a backer on credit shall, for the purpose of computing the monies paid into the totalisator, be added to the cash amounts paid by way of stakes and the credit shall be supported by a voucher in Form XV or Form XVI annexed to these rules according as the stake is laid for a win or a place.36.
The stewards of race-meeting shall within seven days of each racing day, forward to the prescribed officer a return showing for each totalisator the amount paid in by backers on account of "win" and "place" bets. The return shall also show the total amount received on account of payments into the totalisators and the amount of the tax due thereon under Section 15 of the Act, and shall be in Form XVII annexed to these rules.37.
The amount of the tax shall, unless the Provincial Government otherwise directs, be paid to the credit of the Government of Assam in quarterly instalments, namely, on or before the 30th June, 30th September, 31st December and 31st March. The amount of each instalment shall include the amount of the tax due up to the day preceding the date of payment on the instalment, and intimation of payment shall be given to the prescribed officer, together with a statement showing the amount of the tax paid in respect of each day's racing as shown in the return referred to in Rule 36. Where the accounts of a totalisator are subject to audit, the stewards shall also place before the auditors copies of the returns furnished to the prescribed officer under Rule 46, and the auditor shall be required to certify that the returns so furnished provide a correct and complete statement of the monies paid into totalisators and of the tax due thereon.38.
For the purpose of these rules the prescribed officer in respect of the totalisator tax, shall be the Commissioner of Taxes, or any other officer or officers authorised by him.Chapter V
Betting Tax Rules On Arrow Shooting
[Deleted]Form ITheatre/CinemaRegister of Entertainment TaxDenomination of stamp.......................Stamp| Date | Number of stamps received | Number of stamps issued | Balance in hand | Remarks |
| 1 | 2 | 3 | 4 | 5 |
| Form No. I-ABook No...... | Form No. I-ABook No...... | Form No. I-ABook No...... |
| 1st Foil | 2nd Foil | 3rd Foil |
| Serial No. of Ticket....... Class....... | Serial No. of Ticket....... Class....... | Serial No. of Ticket....... Class........ |
| Name of Cinema | Name of Cinema | Name of Cinema |
| or | or | or |
| Other entertainment.......... | Other entertainment............ | Other entertainment.......... |
| Date and time seal........... | Date and time seal............. | Date and time seal........... |
| Admission Price............. | Admission Price............. | |
| Amusement Tax............. | Amusement Tax............. | |
| Total............. | Total............. | |
| Tax Stamp |
| Proprietor/Manager............. | Proprietor/Manager.............. | Proprietor/Manager.............. |
| Show and time | Class | Ticket | Total tickets Sold | Remarks | |
| Commencing No. | Closing No. | ||||
| 1st show | Reserve | ||||
| 1st Class | |||||
| 2nd Class | |||||
| 3rd Class | |||||
| 2nd show | Ditto | ||||
| 3rd show | Ditto | ||||
| Class | Daily Total | ||||
| Reserve | Tickets sold | Price | Tax | ||
| 1st Class | |||||
| 2nd Class | |||||
| 3rd Class etc. | |||||
| Certified correct | Total Rs.................. | Total Rs.................. |
1. Accept only the whole ticket at the counter.
2. Check the Tax Stamp, date and time of the show.
3. Demand your half of the ticket at the entrance and retain it. Proprietor
Form I-DRegister of books of tickets[See Rules 2(4)]Name of Cinema or other entertainment...................................| Date | Opening Balance | Receipts | ||||||
| Class | SI. No. of Books | SI. Nos. of Tickets | Class | SI. No. of Books | SI. Nos. of Tickets | |||
| From | To | From | To | |||||
| Total no. of Books in Stock | Issue for use | Closing Balance | ||||||
| Class | Class | SI. No. of Books | SI. Nos of Tickets | Class | SI. No. of Books | SI. Nos of Tickets | ||
| From | To | From | To | |||||
| Form No. I-EBook No......... | Form No. I-EBook No......... | Form No. I-EBook No......... |
| Fee/Complimentary passes/Tickets | Fee/Complimentary passes/Tickets | Fee/Complimentary passes/Tickets |
| 1st Foil | 2nd Foil | 3rd Foil |
| Serial No. of Pass/Ticket.......... Class......... | Serial No. of Pass/Ticket.......... Class......... | Serial No. of Pass/Ticket.......... Class......... |
| Name of Cinema | Name of Cinema | Name of Cinema |
| or | or | or |
| Other entertainment............. | Other entertainment............. | Other entertainment............. |
| Date and time Seal........... | Amusement Tax......... | Amusement Tax......... |
| Tax Stamp |
| Proprietor/Manager | Proprietor/Manager | Proprietor/Manager |
| Price of admission | Serial No. of tickets issued | Number of tickets sold | Number of complimentary or free tickets issued | Amount received on account of tickets sold | Amount of the entertainments tax | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Price of admission | Number of persons admitted | Gross receiptsRs.P. | Amount of tax collectedRs.P. | Remarks |
| Rates of tickets of each class issued | Number of tickets issued at each rate | Remarks | |
| Ordinary | Season | ||
| Rac Meeting........ | Date......... | Race........... |
| Name of Horse | Name of Horse | Win |
| abcde | abcde | |
| Place |
| Amount paid out on win Rs.......... | (a) is the running total of (b) and (c). |
| Amount paid out on 1st place Rs......... | b) is the amount staked by the licensed book-maker. |
| Amount paid out on 2nd place Rs......... | (c) is the amount staked by the backer |
| Amount paid out on 3rd place Rs......... | (d) is the running total of (c). |
| Total Rs......... | (e) is the name of the backer or ticket No....... |
| Amount of tax at 7 per cent Rs......... | The difference between the total of (a) and of (d) is the netamount paid out by the licensed book-maker. |
| .................Races................ | Day...........19............. |
| No. of race | Amount paid or due to be paid to backers | Total | |
| 1. | WinnerFirst PlaceSecond PlaceThird Place | Rs. | Rs. |
| 2. | WinnerFirst PlaceSecond PlaceThird Place | Rs. | |
| 3. | WinnerFirst PlaceSecond PlaceThird Place | Rs. | |
| 4. | WinnerFirst PlaceSecond PlaceThird Place | Rs. | |
| 5. | WinnerFirst PlaceSecond PlaceThird Place | Rs. | |
| 6. | WinnerFirst PlaceSecond PlaceThird Place | Rs. |
| ............Race | Grant Total.............. | Rs......... |
| 7 per cent on the Grant Total of Rs............ | Rs......... |
| Render's sheetRs....... | Totalisator |
| .........Race | Date........ |
| Rs.......... | Totalisator |
| Date............Win | Race No............... |
| Horse No. | Backed for tickets | Result | () |
| 123456789101112131415161718192021222324 | |||
| X |
| Total Rs............ | |
| Less | |
| Com. | |
| Less per cent Tax............. | Net Pool Rs............ |
| Pays 1, 2 when 4 to 7 starters.Pays 1, 2 and 3 when 8 or more starters. | |
| Rs.......... | Totalisator |
| Date............Place | Race No............... |
| Horse No. | Backed for tickets | Result | |
| 123456789101112131415161718192021222324 | Horse No.........Backed for tickets.......Horse No.........Backed for tickets.......Horse No.........Backed for tickets.......Horse No.........Backed for tickets.......XPool Rs...........Less Rs...........___________)____________(+)____________( +)____________( + | ||
| + |
| Total Rs............ | |
| Less | |
| Com.}...................... | |
| Less 7 per cent Tax................ | |
| Net Pool Rs............ |
| Rs.......... | Totalisator |
| WIN | |
| Date............ Private Mark............ | Race ….................. |
| Horse No. | Backed for tickets | Result | Remarks |
| 12345678910111213141516171819202122 |
| Total................... | =Rs.................................................... |
| Tickets on Horse No. (….....) at Rs....... | =Rs.................................................... |
| Tickets on Horse No. (….....) at Rs....... | =Rs.................................................... |
| Commission | =Rs.................................................... |
| Tax | =Rs.................................................... |
| Surplus | =Rs.................................................... |
| Total | =Rs.................................................... |
| Loss | =Rs.................................................... |
| Total Rs. | |
| Commission............ | =Rs.................................................... |
| Surplus Horse No. (…........) | =Rs.................................................... |
| Surplus …..........(…........) | =Rs.................................................... |
| Surplus............... (…........) | =Rs.................................................... |
| Loss...................(…........) | =Rs.................................................... |
| Loss...................(…........) | =Rs.................................................... |
| Total profits |
| Rs............ | Totalisator.......... | Win........... |
| Race | Commission | Tax | Surplus | Loss | Takings |
| 123456789 |
| Rs.......... | Totalisator |
| PLACE | |
| Date............ Private Mark............ | Place ….................. |
| Horse No. | Backed for tickets | Result | Remarks |
| 12345678910111213141516171819202122 |
| Total................... | =Rs.................................................... |
| Tickets on Horse No. (….....) at Rs....... | =Rs.................................................... |
| Tickets on Horse No. (….....) at Rs....... | =Rs.................................................... |
| Tickets on Horse No. (….....) at Rs....... | =Rs.................................................... |
| Tickets on Horse No. (….....) at Rs....... | =Rs.................................................... |
| Commission | =Rs.................................................... |
| Tax | =Rs.................................................... |
| Surplus | =Rs.................................................... |
| Total | =Rs.................................................... |
| Loss | =Rs.................................................... |
| Total Rs. | |
| Commission............ | =Rs.................................................... |
| Extra Surplus......... (…........) | =Rs.................................................... |
| Surplus Horse No. (…........) | =Rs.................................................... |
| Surplus Horse No. (…........) | =Rs.................................................... |
| Loss...................(…........) | =Rs.................................................... |
| Loss...................(…........) | =Rs.................................................... |
| Total profits |
| Rs............ | Totalisator.......... | Win........... |
| Race | Commission | Tax | Surplus | Loss | Takings |
| 123456789 |
| No......... | Race.......... |
| WIN | |
| Horse No. | Rs. |
| No......... | Race.......... |
| PLACE | |
| Horse No. | Rs. |
| Race Meeting.......... | Date.........19...... | |||
| Amount paid into Totalisator | ||||
| Rs. | Rs. | Rs. | Total | |
| Win | ||||
| Place | ||||
| Total | ||||
| Total at 7 per cent |
| Date | 1st Show | 2nd Show | 3rd Show | 4th Show (Matinee) | ||||
| Total admission price of the tickets excludingAmusement Tax | Tax payable under Section 3-A (1) | Total admission price of the tickets excludingAmusement Tax | Tax payable under Section 3-A (1) | Total admission price of the tickets excludingAmusement Tax | Tax payable under Section 3-A(1) | Total admission price of the tickets excludingAmusement Tax | Tax payable under Section 3-A (1) | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| 1st2nd3rd4th5th7th8th9th10th11th12th13th14th15th16th17th18th19th20th21th22th23th24th25th26th27th28th29th30th31st |
| Total tax payable | |
| Total tax payable for the month | Signature of the Manager/Proprietor |
| (Total of columns 3, 5 7 and 9). | |
| Tax paid vide challan No........... | dated.................. |
| SI. No. | Name in full | Father's husband's name | Age | Extent of interest in the business | Present address | Permanent address | Signature |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 1. | Name of cable operator | : |
| 2. | Month for which the return is submitted | : |
| 3. | Total No. for subscribers | : |
| (i) No. of individual subscribers | : | |
| (ii) No. of connections in hotels | : | |
| 4. | Rate of subscription per subscriber per month | : |
| (i) For individual subscribers | : | |
| (ii) For each connection in hotels | : | |
| 5. | Total connection during the month | : |
| 6. | Total amount of entertainment tax payable | : |
| 7. | Amount of entertainment tax paid | : |
| 8. | Challan No. & Date | : |
| Original copy of the challan to be enclosed) |
| 1. | Name of the Hotel | : |
| 2. | Name of the Proprietor | : |
| 3. | Address | : |
| 4. | Month for which the return is submitted | : |
| 5. | No. of rooms (including lounge, office, reception etc.) havingcable service | : |
| 6. | Rate of entertainment tax per room per month | : |
| 7. | Total amount of entertainment tax payable for the month | : |
| 8. | Amount of entertainment tax paid | : |
| 9. | Challan No. and Date | : |
| [Original copy of the challan to be enclosed] |
1. Full particulars of the entertainment including nature on entertainment and name(s) of performer(s)/troupe/team(s);
2. Name(s), Present address(es) and permanent address(es) of the organiser(s):
| SI. No. | Name | Present address | Permanent address | Signature |
3. Name(s) present address(es) and Permanent address(es) of the person(s) who will be responsible for keeping proper accounts and for payment of entertainment tax.
| SI. No. | Name | Present address | Permanent address | Signature |
| 1.2.3. |
4. Place or places where the entertainment is proposed to be held.
5. (a) Date from which the entertainment is proposed to be held:
6. Number of seats in each class and the rates of admission.
| Name of the class (by whatever name called) | No. of seals | Rates of admission (excluding tax) |
| 1.2.3.4. |
7. Number of tickets printed/proposed to be printed for each class (with Book No. and serial No.)
8. Whether the organisers organised any entertainment earlier. If so, full particulars including total tax paid and tax outstanding, if any, should be mentioned:
9. Whether any exemption from payment of entertainment tax has been obtained from the Government. If so, a copy of the order in this regard should be enclosed:
10. Any other information, as the organisers may like to furnish:
11. Additional information, as may be required by the Commissioner or the Sr. Superintendent of Taxes/Superintendent of Taxes:
12. We hereby solemnly affirm that the information/particulars given above are true and correct to my/our knowledge and belief.
13. We also undertake to pay the security as may be determined by you, before the date of starting the entertainment and also to pay daily the entertainment tax payable for each day of entertainment.
Date:Yours faithfully.1. 2. 3.Form-XXIVInformation for Holding an Entertainment where Admission is Otherwise than through Open Sale of Tickets[See Rule 9C]To,| SI. No. | Name | Present address | Permanent address | Signature |
| 1.2.3.4. |
| SI. No. | Name | Present address | Permanent address | Signature |
| 1.2. |