Section 18(2) in West Bengal Value Added Tax Act, 2003
(2)The expression "taxable contractual transfer price" as stated in subsection (1) , shall mean, in the case of the dealer who is liable to pay tax on transfer of property in goods involved in the execution of a works contract under section 14 or sub-section (3) of section 24 or sub-section (3) of section 27C, that part of his contractual transfer price during any period which remains after deducting therefrom -(a)contractual transfer of goods, sales of which are declared tax-free under section 21;(b)charges towards labour, service and other like charges as may be prescribed;(c)all amounts paid to the sub-contractors for execution of the works contract, whether fully or in or; and(d)such other contractual transfers as many prescribed: Provided that no deduction under clause (c) shall be made unless the dealer claiming deduction, produces proof to the satisfaction of the Commissioner that -(a)the sub-contractor is registered dealer liable to pay tax under this Act; and(b)such amount of deduction is included in his return referred to in section 32; and(c)tax under sub-section (1) , in respect of such amount of deduction has been paid by him.
