Section 16(3) in West Bengal Value Added Tax Act, 2003
(3)Notwithstanding anything contained in sub-section (1) or sub-section (2) , any registered dealer having liability to pay tax under this Act, many, at his option,-(a)if his gross sales in the year ending on the day preceding the appointed day does not exceed fifty lakh rupees ; or(b)if his turnover of sales in the preceding year commencing on or after the appointed day 3[does not exceed fifty lakh rupees, or](c)[ if his turnover of sales during the period from the commencement of the year in which he gets himself registered to the date of his registration, does not exceed fifty lakh rupees,] [Inserted by S.6(4) (b) (ii) of WB Act XIII of 2005 w.e.f. 01.4.2005.] pay tax at such compounded rate not exceeding one per centum of the total turnover of sales of such dealer in the year for which such option is required to be exercised, and subject to such conditions and restrictions as many prescribed, for each tax period of the year in view of tax payable under subsection (2) on all his sales:Provided that the registered dealer having liability to pay tax under this Act as stated in this sub-section shall not include-(a)an importer; or(b)a manufacturer; or(c)a dealer engaged in execution of works contracts; or(ca)[ a dealer who has purchased tea sold under the auspices of any tea auction centre in West Bengal duly authorised by the Indian Tea Board; or] [Inserted by S.6(4) (b) (iii) of WB Act XIII of 2005 w.e.f. 01.4.2005.](d)a dealer who transfers goods otherwise than by way of sale within or outside the State; or(e)a dealer who sells goods within the meaning of section 3 of the Central Sales Tax Act, 1956; or(f)a dealer who sells goods in the course of import of the goods into, or export of the goods out of, the territory of India within the meaning of section 5 of the Central Sales Tax Act, 1956:Provided further that such dealer shall not be entitled to issue tax invoice referred to in clause (48) of section 2 of the Act:Provided also that a registered dealer who, in addition to the purchase of goods in course of his business in a year, have also received goods from the supplier within or outside West Bengal, on branch transfer or on consignment basis, for which no price has been paid, shall not be entitled to opt for payment of tax under such compounded rate:Provided also that if during the period of enjoyment of payment of tax at compounded rate, turnover of sales of a dealer exceeds fifty lakh rupees, he shall become ineligible to pay tax under this sub-section from the commencement of the month immediately following the month during which his turnover of sales exceeded such sum.
