Section 22(4) in West Bengal Value Added Tax Act, 2003
(4)[Subject to the other provisions of this section, the input tax credit or input tax rebate shall be allowed] [Substituted w.e.f. 01.04.2005 by S. 12(9) (b) (i) of WB Act XVIII of 2006 for 'The input tax credit or input tax rebate shall be allowed'.] to the extent of the amount of tax paid or payable by the purchasing dealer on his purchase of taxable goods, other than such taxable goods as specified in the negative list appended to this section, made in the State from a dealer when such goods are purchased for -(a)sale or resale by him in West Bengal; or(b)sale in the course of inter-State trade of commerce within the meaning of section 3 of the Central Sales Tax Act, 1956; or(c)use as containers or materials for packing of taxable goods intended for sale, in the State or in the course of inter-State trade of commerce within the meaning of section 3 of the Central Sales Tax Act, 1956; or(ca)[ use as containers or materials for packing of goods intended for sale in the course of export out of India within the meaning of section 5 of the Central Sales Tax Act, 1956; or] [Inserted w.e.f. 01.04.2005 by S. 12(9) (b) (ii) of WB Act XVIII of 2006.](d)use as raw materials and consumable stores required for the purpose of manufacture of taxable goods intended for sale in the State or in the course of inter-State trade of commerce within the meaning of section 3 of the Central Sales Tax Act, 1956; or(e)use as containers or packing materials for use in the packing of goods so manufactured as referred to in clause (d) above; or(f)use in the execution of works contract; or(g)use as capital goods required, for the purpose of manufacture or resale of taxable goods or for execution of works contract, as the case may be, and purchases of such goods are capitalised in the books of accounts of such manufacturer, works contractor or reseller, as the case may be; or(h)use as raw materials, capital goods and consumable stores required for the purpose of manufacture of any goods to be sold in the course of export under section 5 of the Central Sales Tax Act, 1956, and containers or packing materials for use in the packing of goods so manufactured; or(i)making zero-rated sales other than those referred to in clause (h) above: Provided that if purchases are used partially for the purposes specified in this sub-section, the input tax credit or input tax rebate shall be allowed to the extent they are used for the purposes specified in this sub-section.
