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TAMIL NADU VAT AMENDMENT ACT, 2007

BILL NO 18 OF 2007

(AS PUBLISHED IN THE TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PART IV - SECTION 01 DATED 09/05/2007 ) 

A Bill to amend the Tamil Nadu Value Added Tax Act, 2006

 Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-eighth  Year of the Republic of India as follows : -

1. Short title and commencement  

(1) This Act may be called the Tamil Nadu Value Added Tax (Amendment) Act, 2007

(2) Sub-section (2) of section 6, sub-section (4) of section 9, section 10 and sub-section (1) of section 11, shall be deemed to have come into force on the 1st day of April 2007 and all other sections shall be deemed to have come into force on the 1st day of January 2007.

2. Amendment of section 3

In Section 3 of the Tamil Nadu Value Added Tax Act, 2006 (hereinafter referred to as the principal Act), -

(1) In sub-section (1), for clause (b), the following clause shall be substituted, namely:-

"(b) Notwithstanding anything contained in clause (a), every dealer other than a casual trader or agent of a non-resident dealer who purchased goods within the state and effects sale of those goods within the state and whose total turnover for a year is not less than rupees ten lakhs shall pay tax under this Act."

(2) to sub-section (2), the following proviso shall be added, namely:-

"Provided that all spare parts, components and accessories of such goods shall also be taxed at the same rate as that of the goods if such spare parts, components and accessories are not specifically enumerated in the First Schedule and made liable to tax under that Schedule."

(3) in sub-section (4),- 

(a)  for the expression "total turnover", the expression "turnover relating to taxable goods" shall be substituted;

(b) for the first proviso, the following proviso shall be substituted, namely:-

"Provided that such dealer shall not collect any amount by way of tax or purporting to be by way of tax."

3. Amendment of section 6

In section 6 of the Principal Act, -

(i)  in sub-section (1), after the expression "every dealer", the following expression shall be inserted, namely:-

"other than the dealer who purchases goods from outside the state or imports goods from outside the country;";

(ii) for sub-section (5), the following sub-section shall be substituted, namely:-

"(5) The dealer who pays tax under this section shall not collect any amount by way of tax on purporting to be by way of tax and shall not be entitled to input tax credit on the goods purchased by him.".

4. Amendment of section 7

In section 7 of the principal Act, in sub-section (1), in clause (b), after the expression "in clause (a)", the following expression shall be inserted, namely:-

"whose total turnover is not less than rupees ten lakhs for a year".

5. Amendment of section 8

(1) in the marginal heading for the expression "and sweet-stalls", the expression "sweet-stalls and bakeries" shall be substituted;

(2) sub-section (1) shall be re-lettered as "clause (a)" of sub-section (1);

(3) after clause (a) as so re-lettered, the following clause shall be inserted, namely:-

"(b) Notwithstanding anything contained in clause (a) of sub-section (1) of section 3, every dealer in bakery products whose total turnover is not less than rupees ten lakhs but not more than rupees fifty lakhs for the year on the sale of unbranded bakery products and other ready to eat unbranded foods, may, at his option, instead of paying tax in accordance with the provisions of sub-section (2) of section 3, pay tax at the rate specified in the Third Schedule.".

6. Amendment of section 19

In section 19 of the principal Act,-

(1) in sub-section (3), in clause (a), for the expression, "wholly for use in the course of business of taxable goods", the expression "for use in the manufacture of taxable goods" shall be substituted;

(2) in sub-section (4) for the expression "four percent of tax", the expression "three per cent of tax" shall be substituted;

(3) to sub-section (6), the following proviso shall be added, namely:-

"Provided that on the purchase of capital goods which are used in the manufacture of exempted goods and taxable goods, input tax credit shall be allowed to the extent of its usage in the manufacture of taxable goods in the manner prescribed.".

7. Amendment of section 38

In section 38 of the principal Act, in sub-section (1) in clause (a), for the expression "whose total turn over in respect of purchase and sale within the State", the expression "who purchases goods within the state and effects sale of those goods within the state and whose total turnover" shall be substituted.

 8. Amendment of Section 88

In section 88 of the principal Act, in sub-section(6), in clause (b), for the expression "thirty days", the expression "fifty nine days" shall be substituted.

 9. Amendment of First Schedule

 In the First Schedule to the principal Act, in Part-B,-

(1) In item 8, for the expression "Bakery products including bun, rusks, biscuits and cakes sold with or without brandname", the expression "Bakery products including bun, rusks, biscuits and cakes sold without a brand-name" shall be substituted;

(2) for item 67 and the entries relating thereto, the following item and entries shall be substituted, namely:-

"(67) Industrial inputs, that is to say, any goods falling under Part-C of this schedule, including consumables, packing material and labels but excluding plant and machinery, ethyl alcohol, absolute alcohol, methyl alcohol, rectified spirit, neutral spirit and cement, for use in manufacture and for use in assembling, packing or labelling in connection with such manufacture, inside the state, of goods other than those falling under Second Schedule";

(3) in item 107, the word "pickle" shall be omitted;

(4) in item 127, the word "tobacco" shall be omitted;

10. Amendment of Second Schedule

In the Second Schedule to the principal Act, in item 11, for the expression "Sugar, textile and tobacco products", the expression "Sugar and textile products" shall be substituted.

11. Amendment of Fourth Schedule

(1) in Part-A, item 2 and the entries relating thereto shall be omitted;

(2) in Part B,-

(i) for item 21 and the entries relating thereto the following item and entries shall be substituted, namely:-

"21. (i) Curd, lassie, butter-milk and separated milk.

       (ii) Butter without brand name.";

(ii) it item 35, for the expression "Rupees one hundred crore in a year", the expression "rupees one crore in a year" shall be substituted;

(iii) it item 62, for the expression "and de-oiled rice bran", the expression "rice bran and de-oiled rice bran" shall be substituted;

(iv) in item 65,-

(a) for the expression "rupees three hundred crores per annum", the expression "rupees five hundred crores per year" shall be substituted;

(b) for sub-items 7 and 8, the following sub-items shall be substituted, namely:-

"7. Palm oil

8. All refined oils".

(v) in item 66, for the expression "rupees three hundred crores per year", the expression "rupees five hundred crores per year", shall be substituted;

(vi) for item 68 and the entries relating thereto the following item and entries shall be substituted, namely:-

"68. Sale of the following pulses and grams including broken, splits, flour, husk and dust thereof and parched and fried grams made from them by any dealer whose turnover in respect of the goods in each item does not exceed rupees five hundred crores in a year:-

1. Gram or gulab gram

2. Tur or arhur

3. Moong or green gram

4. Masur or lentil

5. Urad or black gram

6. Moth

7. Lekh or khesari

8. Mochai

9. Karamani

10. Thatta payaru

11. Kollu

12. Avarai."

 

S.N.M UBAYADULLAH,

Minister for Commercial Taxes.

   

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