Be it enacted by Parliament in the
Fifth-fourth Year of the Republic of India as follows :
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Chapter I
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Preliminary |
| 1. |
Short title and commencement. |
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(1) |
This Act may be called the
Finance Act, 2003. |
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(2) |
Save as otherwise provided in this Act,
sections 2 to 103 [except clause (b) of section 92] shall
be deemed to have come into force on the 1st day of April,
2003. |
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Chapter VI |
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Central Sales Tax |
| 161. |
Amendment of section 6. In
the Central Sales Tax Act, 1956 (74 of 1956) (hereinafter
referred to as the Central Sales Tax Act), in section 6,
after sub-section (2), the following sub-section shall be
inserted, namely : |
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"(3) |
Notwithstanding anything contained
in this Act, if |
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(a) |
any official or personnel of |
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(i) |
any foreign diplomatic mission or
consulate in India; or |
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(ii) |
the United Nations or any other
similar international body, |
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entitled to privileges under any
convention to which India is a party or under any law for
the time being in force ; or |
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(b) |
any consular or diplomatic agent of
any mission, the United Nations or other body referred to
in sub-clause (i) or sub-clause (ii) of clause (a), |
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purchases any goods for himself or for
the purposes of such mission, United Nations or other
body, then, the Central Government may, by notification in
the Official Gazette, exempt, subject to such conditions
as may be specified in the notification, the tax payable
on the sale of such goods under this Act.". |
| 162. |
Amendment of section 8. In
section 8 of the Central Sales Tax Act, in sub-section
(1), for the portion beginning with the words "shall be
liable" and ending with the words "whichever is lower",
the following shall be substituted, namely : |
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"shall be liable to pay tax under this
Act, with effect from such date as may be notified by the
Central Government in the Official Gazette for this
purpose, which shall be two per cent. of his turnover or
at the rate applicable to the sale or purchase of such
goods inside the appropriate State under the sales tax law
of that State, or, as the case may be, under any enactment
of that State imposing value added tax, whichever is
lower: |
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Provided that the rate of tax payable
under this sub-section by a dealer shall continue to be
four per cent. of his turnover, until the rate of two per
cent. takes effect under this sub-section.". |
| 163. |
Amendment of section 20.
In section 20 of the Central Sales Tax Act, |
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(a) |
in sub-section (1), for the words
and figure "section 9 of this Act", the words and figure
"section 9 of this Act, which relates to any dispute
concerning the sale of goods effected in the course of
inter-State trade or commerce" shall be substituted; |
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(b) |
in sub-section (2), for the portion
beginning with the words "aggrieved against" and ending
with the words and figure "section 9 of this Act", the
following shall be substituted, namely : |
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"under sub-section (1) within
forty-five days from the date on which order referred to
in that sub-section is served on him : |
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Provided that the Authority may
entertain any appeal after the expiry of the said period
of forty-five days, but not later than sixty days from the
date of such service, if it is satisfied that the
appellant was prevented by sufficient cause from filing
the appeal in time."; |
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(c) |
sub-section (3) shall be omitted. |
| 164. |
Amendment of section 21.
In section 21 of the Central Sales Tax Act, |
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(a) |
in sub-section (1), for the portion
beginning with the words "assessing authority concerned"
and ending with the words "returned to the assessing
authority", the following shall be substituted, namely : |
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"assessing authority concerned as well
as to each State Government concerned with the appeal and
to call upon them to furnish the relevant records : |
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Provided that such records shall, as
soon as possible, be returned to the assessing authority
or such State Government concerned, as the case may be."; |
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(b) |
in sub-section (3), for the first
proviso, the following proviso shall be substituted,
namely : |
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"Provided that no appeal shall be
rejected unless an opportunity has been given to the
appellant of being heard in person or through a duly
authorised representative, and also to the State
Government concerned with the appeal of being heard.". |
| 165. |
Amendment of section 23.
In section 23 of the Central Sales Tax Act, for the words
'in all matters", the words "in all matters, including
stay of recovery of any demand" shall be substituted. |