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Thread: Meaning of Payment, Interest, Penalty and returns in West Bengal Value Added Tax (West Bengal VAT)

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    Default Meaning of Payment, Interest, Penalty and returns in West Bengal Value Added Tax (West Bengal VAT)

    Meaning of Payment, Interest, Penalty and returns in West Bengal Value Added Tax (West Bengal VAT)

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    Default Payment of net tax or any other tax, interest, penalty in West Bengal VAT

    Payment of net tax or any other tax, interest, penalty in West Bengal VAT

    31. Any amount––
    (a) of net tax or any other tax payable or the two, for a tax period or payable according to a return referred to in sub-section (1) of section 32, or
    (b) of the interest payable under section 33 or section 34 or section 34A, or
    (c) of tax payable after assessment under section 45, or section 46, or section 48, or
    (d) of penalty imposed under any provisions of this Act, or
    (e) other than those referred to in clause (a), clause (b), clause (c), or clause (d), payable or due under this Act, shall be paid into an appropriate Government Presenting, in such manner, at such interval, and within such time, as may be prescribed.

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    Default Adjustment of reverse credit in West Bengal VAT

    Adjustment of reverse credit in West Bengal VAT

    31A. any amount of reverse the date as referred to 1[in clause (36C)] of section 2 arising in a tax period shall be adjusted within the said tax period in such manner and subject to such conditions and restrictions, as may be prescribed.

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    Default Furnishing of return by dealer in West Bengal VAT

    Furnishing of return by dealer in West Bengal VAT

    32. (1) Every dealer liable to pay tax under the Act of every other dealer, if so required by the Commissioner by a notice served in the prescribed manner, shall furnish such returns by such dates and to such authority as may be prescribed.

    (2) Every dealer required by sub-section (1) to furnish a return shall, before furnishing such return, payable for amount of the net tax and interest, if any, payable according to such return, in the manner as provided in section 31 and shall furnish along with such return, a receipt from the appropriate Government Treasury referred to in that section showing the payment of such amount:

    Provided that where a dealer is required by sub-section (1) to furnish return for any return period is unable to make payment of the full amount of the net tax or interest payable according to such return, such dealer shall furnish return without making payment of the full amount of the net tax or interest payable according to such return along with an application that using the reasons to the Commissioner for extension of time for making payment of the unpaid amount of net tax or interest payable upto the extended date of payment:

    Provided further that the Commissioner may, if he is satisfied on the reasons adduced by the dealer in the application referred to in the first proviso, extend, by an order in writing, the time for making payment of such unpaid amount of the net tax and interest if any, payable thereon on such terms and conditions as he may deem fit and proper.

    (3) If any dealer who has furnished a return under sub-section (1), discovers any omission or error in any return furnished by him, he may, at any time before the date prescribed for furnishing of the next return by him, furnish a revised return, and if the revised return shows a greater amount of net tax or interest to be payable than what was shown in the original return, it shall be accompanied by a receipt showing payment of the extra amount or the amount of net tax and interest if any, payable thereon in the manner as provided in section 31.

    (4) Where it deduction of an amount is made under sub-section (1) of section 40 from the payment of any sum to a dealer for execution of the works contract, and such amount is deposited under sub-section (2) of tax section, the deduction of such amount shall be deemed to be a payment of tax by such dealer on the date of such deduction, and he shall furnish along with his return required under
    sub-section (1) of this section, in respect of such amount a copy of the certificate of deduction referred to in sub-section (3) of section 40, duly certified by such dealer, as a proof of such payment of tax:

    Provided that where a dealer does not received the certificate of deduction under sub-section (3) of section 40 on all before the prescribed date of furnishing of return for a return period, he shall furnish return stating the fact in writing, and shall undertake to furnish the copy of such certificate of deduction within fifteen days from issue of such certificate to him under sub-section (3) of
    section 40.

    (5) A dealer liable to pay tax under sub-section (1) or sub-section (2), as the case may be, of section 10 but not yet registered, shall furnish return in respect of the return period starting on or from such appointed day and pay tax in accordance with the provisions of this Act.

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    Default Interest for nonpayment or delayed payment of net tax payable or for non-reversal of input tax credit of input tax rebate in West Bengal VAT

    Interest for nonpayment or delayed payment of net tax payable or for non-reversal of input tax credit of input tax rebate in West Bengal VAT

    33. (1) Where a dealer required to furnish return under sub-section (1) of section 32, furnishes return in respect of any return period by the prescribed date or thereafter but fails to make full payment of net tax payable, under subsection (2) of section 32, in respect of any tax period within such return period by the prescribed date, he shall pay a simple interest at the rate of twelve per
    centum per annum for the period commencing on the date immediately following the prescribed date for payment of net tax and upto the date prior to the date of payment of such net tax or, 1[upto the date preceding the date of commencement of proceeding under section 55] or, upto the date prior to the date of provisional assessment under section 45 or assessment under section 46 or section 47 or section 48, as the case may be, whichever is earlier, in respect of such return period upon so much of the amount of net tax payable by him according to such return as remains unpaid:

    Provided that where such dealer admits in writing that the amount of net tax payable in respect of any such tax period within the return period is an amount which is either more or less than what has been original shown as payable in the return and where the Commissioner is satisfied on the point of
    such admission, the interest shall be payable upon so much of the amount of net tax payable for such tax period according to such admission as remains unpaid.

    (2) Where a dealer required to furnish return under sub-section (1) of section 32, fails to furnish such return by the prescribed date or thereafter in respect of any return period before the provisional assessment under section 45 2[or the assessment under section 46] or section 48, as the case may be, and on such provisional or other assessments full amount of net tax payable for such period is found not to have been paid by him by the prescribed date, he shall pay a simple interest at the rate of twelve per centum per annum for the period commencing on the date immediately following the prescribed date of payment of such net tax in respect of each tax period and 3[upto the date prior to the date] of provisional assessment under section 45 or rebate under section 46 or section 48, as the case may be, in respect of such return period upon so much of
    the amount of net tax payable by him according to such assessment as remains unpaid:

    Provided that where the provisional assessment under section 45 or an assessment under section 46 or section 48 is made the four more than one return period and such assessment does not show separately the net tax payable for the tax period is within such return period is in respect of which interest is payable under this sub-section, the Commissioner shall apportion the net tax payable for
    the tax periods within such return periods on the basis of such assessment.

    (3) 4[Where a dealer required to adjust any amount of reverse credit by way of deducting input tax credit or input tax rebate] as referred to in section 31A in respect of a particular tax period, fails to do so, he shall pay a simple interest upon such amount at the rate of twelve per centum per annum for the period commencing on the date immediately following the prescribed date for payment of net tax for such tax period and upto the date prior to the date of payment of such net tax or, upto the date of commencement of proceeding under section 55 or, upto the date prior to the date of provisional assessment under section 45 or assessment under section 46 or section 47, as the case may be, whichever is earlier.

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    Default Interest for nonpayment or delayed payment of assessed tax in West Bengal VAT

    Interest for nonpayment or delayed payment of assessed tax in West Bengal VAT

    34. (1) Where a dealer fails to make payment of any tax due after provisional or other assessments by the date specified in the notice issued under section 45 or section 46 or section 48 for payment thereof, he shall, subject to the provisions of sub-section (2), pay a simple interest at the rate of twelve per centum per annum for the period of default, calculated from the date next following the date specified in such notice upto the date of full payment of such tax or upto the date preceding the date of commencement of proceedings under section 55, whichever is earlier upon so much of 1[the amount of tax due from him] according to such notice as remains unpaid.

    (2) Where as a result of an order under section 84, section 85, section 86, section 87 or section 88 2[the amount of tax due is modified], the interest 47 payable under sub-section (1) shall be determined or re-determined on the basis of such modified amount and the excess interest paid, if any, shall be refunded.

    [(3) Where as a result of an order under section 84, section 85, section 86, section 87 or section 80 the amount of tax due is modified as stated in subsection (2), the interest shall be payable at the rate of twelve per centum per annum for the period of default, calculated from the date next following the date specified in the notice original issued under section 45 or section 46 or section 48 for payment thereof upto the date of full payment of such tax due or upto the date preceding the date of commencement of proceedings under section 55, whichever is earlier, upon so much of the amount of modified tax due as remains unpaid.]

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    Default Interest for failure to make payment of tax as referred to in clause (a) of section 118 in West Bengal VAT

    Interest for failure to make payment of tax as referred to in clause (a) of section 118 in West Bengal VAT

    34A. Where a registered dealer fails to make payment of tax as referred to in clause (a) of sub-section (1) of section 118 in the prescribed manner and by the prescribed date he shall pay a simple interest at the rate of twelve per centum per annum for the period commencing on the date immediately following the prescribed date for payment of tax and ending on the date prior to the date of payment of such tax or upto the date of commencement of proceedings under section 55 , whichever is earlier, upon so much of the amount of tax payable by him according to such return as remains unpaid.

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    Default Exemption from payment of interest in West Bengal VAT

    Exemption from payment of interest in West Bengal VAT

    35. Notwithstanding anything contained in section 33 or section 34, or section 34A, no interest shall be payable in such cases or under such circumstances and subject to such conditions, if any, as many prescribed.

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    Default Interest payable by Commissioner in West Bengal VAT

    Interest payable by Commissioner in West Bengal VAT

    36. The Commissioner shall, in the prescribed manner, pay a simple interest at the rate of twelve per centum per annum for the period of daily in making refund to certain class of persons referred to in section 61, or to a dealer of the amount of tax paid indexes which arises out of an order of under section 84, section 85, section 86, section 87 or section 88, 1[from the first day of the month next following three months from the date of such order] or to the date on which the refund is made in the manner referred to in section 62, upon the amount of tax refundable to him according to such order.

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    Default Rounding off of net tax or any other tax payable for calculation of interest in West Bengal VAT

    Rounding off of net tax or any other tax payable for calculation of interest in West Bengal VAT.

    37. In calculating the interest payable under section 33, section 34, section 34A four section 36, the amount of net tax or any other tax payable or due in respect of which such interest is to be calculated shall be rounded off to the nearest multiple of one hundred rupees, if such part is fifty rupees or more, it shall be increased to one hundred rupees and if such part is less than fifty rupees, it shall be ignored.

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