Section 116 in West Bengal Value Added Tax Act, 2003
116. Payment of tax in respect of industrial units enjoying Deferment, Remission and Tax Holiday.
(1)Notwithstanding anything contained in sub-section (2) of section 32,or sub-section (2) of section 45, or [clause (b) of sub-section (3) of section 46] [Substituted w.e.f. 01.04.2005 by S. 12(35) of WB Act XVIII of 2006 for 'clause (b) of subsection (4) of section 46'.] but subject to sub-section (2) of this section and section 118, the Commissioner may, in the prescribed manner and subject to such restrictions and conditions as may be prescribed, permit the output tax payable under this Act by a registereddealer or a class or classes of dealers as may be prescribed, according to his returns referred to in sub-section (1) of section 32 or the tax payable by him according to the notice issued under sub-section (2) of section 45, or clause (b) of sub-section (4) of section 46,-(a)to be deferred in the prescribed manner and under such restrictions and conditions as may be prescribed where such registered dealer is entitled to continue to enjoy such deferment under clause (a) of subsection (1) of section 118; or(b)to be exempt in the prescribed manner and under such restrictions and conditions as may be prescribed where such registered dealer is entitled to continue to enjoy such exemption under clause (b) of subsection (1) of section 118; or(c)to be remitted in the prescribed manner and under such restrictions and conditions as may be prescribed where such registered dealer is entitled to continue to enjoy such remission under clause (a) of subsection(1) of section 118.(2)Where the State Government considers it necessary so to do in the public interest, it may, after due consideration of certain factors as may be prescribed, relax the ceiling to such extent as may be prescribed.
