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| 10A. Levy of purchase tax on certain goods. | |
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10A. Levy of purchase tax on certain goods. (1)Notwithstanding anything to the contrary contained in this Act, every dealer who in course of his business purchases goods as may be notified by the State
Government, shall be liable to pay tax at the rate of four percent on the purchase
price of the notified goods.
Provided that no tax under this section shall be payable on the purchases of such
goods, if the goods are consumed in the process of manufacture as may be
specified by the State Government, within the State.
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(2) No tax under this section shall be levied in respect of the purchases made from a
registered dealer by whom tax under this section is payable and who has declared
by putting a statement on the sale bill that tax under this section is payable by him
on such goods.
(3) The tax under this section shall be levied in respect of a dealer from the date on
which aggregate of the purchase prices of goods notified exceeds rupees five crore
in the first instance, in a year.
Provided that the following purchase prices of notified goods shall not be included in
the aggregate of the purchase prices for determination of liability to pay tax under
this section, -
(i) purchase price of notified goods purchased from outside the state ;
(ii) purchase price of notified goods which have been sold against declaration
under sub-section (6) ;
(iii) purchase price of notified goods which have been purchased before the date
of notification under sub-section (1);
(iv) purchase price of notified goods which have been consumed after purchase, in
the process of manufacture as specified under proviso to sub-section (1).
(4) Every dealer who is liable to pay tax under sub-section (1) shall continue to be so
liable until the expiry of two consecutive years during which aggregate of purchase
prices of the notified goods has not exceeded the limits specified in sub-section (3)
and on the expiry of such period his liability to pay tax under this section shall cease.
(5) Every dealer who is engaged in the manufacture as specified under proviso to subsection
(1) shall obtain a certificate of recognition in the prescribed manner from the
prescribed authority.
(6) If a dealer, who is liable to pay tax under this section, sells the notified goods to a
dealer, who holds a certificate of recognition, against a declaration issued in the
manner and form as may be prescribed, the selling dealer shall be entitled to claim
deduction of the purchase price of the goods sold and such purchase price shall not
be included in the aggregate of purchase prices.
(7) If the dealer holding certificate of recognition purchases the notified goods and
instead of using such goods in the manufacture as specified in proviso to subsection
(1), sells or disposes off such goods in any other manner, he shall be liable
to pay tax at the rate of 4 percent on the purchase price of those goods.
(8) The State Government may, by notification, exempt whether prospectively or
retrospectively any transactions, as it may deem fit, from payment of tax under this
section for such period as may be specified in the notification. 23.
(with effect from 01.08.2009)
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