The Assam Value Added Tax (Amendment) Act, 2014
Registered No.-768/97

## THE ASSAM GAZETTE

.~~q

###### EXTRAORDINARY

2ti~ <fS{~~ ~ ~

###### PUBLISHED BY THE AUTHORITY

o:f~ 2 06 ~~ , ~~, 19 ~~, 2014, 28 ~ , 1 9 36~ )

No. 206 Dispur, Friday, 19th September, 20 14, 28th Bhadra, 1936 (S. E.)

GOVERNMENT OF ASSAM

ORDERS BYTHEGOVERNOR

LEGISLATIVE DEPARTME T::: LEGISLATIVE BRANCH

###### NOTIFICATION

The 19th September, 2014

No. LGL.6/2003/93.- The following Act of the Assam Legislative Assembly which received

the assent of the Governor is hereby published for general information.

###### ASSAM ACT NO. IX OF 2014

 (Received the assent of the Governor on 15th September, 2014)

 THE ASSAM VALUE ADDED TAX (AMENDMENT) ACT, 2014


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894 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014

###### AN ACT

further to amend the Assam Value Added Tax Act, 2003.

Preamble. Whereas it is expedient further to amend the Assam Value Added Tax Assam

Act, 2003, hereinafter referred to as the principal' Act, in the manner. hereinafter Act,VIII
appearing; of 2005

It is hereby enacted in the Sixty-fifth Year of the Republic of India as
follows:-

Short title, extent 1.( 1) This Act may be called the Assam Value Added Tax (Amendment) Act,
and commence- 2014.
ment.

(2) It shall have the like extent as the principal Act.

(3) lt shall come into force at once.

Amendment of 2. In the principal Act, in section 2, in clause (44), in Explanation II, for sub-
section 2 clause (ii), the following shall be substituted, namely :-

"(ii) any amount allowed by seller of goods to the purchaser as cash discount
or commission or trade discount at the time of sale of goods subject to
the condition that such discount or cOinmission is shown in the original
invoice;".

Amendment of 3. In the principal Act, in section 10, after sub-section (3), the following new
section 10 sub-section (4) shall be inserted, namely:-

"(4) Notwithstanding anything contained in this Act, wherever any credit
note is to be issued for discount or sales incentive by any registered
dealer to another registered dealer after issuing invoice, the selling
dealer shall pass the credit note without disturbing the tax component
on the price in the original invoice.".

Amendment of 4. In the principal Act, in section 13,-
section 13

(i) in sub-section (I), clause (c) shall be omitted.

(ii) after sub-section (2), the following new sub-section (3) shall be
inserted, namely:-

"(3) Notwithstanding anything contained in this Act, if after issuing
invoice, any amount is allowed by a selling dealer to a purchaser as
cash discount or commission or trade discount or sales incentive or
otherwise and such amount is adjusted through credit note issued by
such selling dealer to the purchaser or by any other means, the selling
dealer shall not be allowed to reduce his output tax liability on
account of such deduction ."

S. M. BUZAR BARUAH,

Secretary to the Government of Assam,
Legislative Department, Dispur.

Guwahati : Printed and Published by the Dy. Director (P & S), Directorate of Ptg. & Sty. Assam, Guwahati-21.


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## THE ASSAM GAZETTE

###### ~~e.t
 EXTRAORDINARY

ett~ <tS-{':i Cif ~ ~

###### PUBLISHED BY THE AUTHORITY

i{~ I551ifxt~,~~, 261.!1ita;, 2013, 6 Cf'qj~ , I935~)

###### No.I55 Dispur,Friday,26th April, 2013, 6th Baisakha, 1935 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH

 NOTIFICATION

 The 26th April, 2013

 No. LGL.6/2003179.- The following Act of the Assam Legislative Assembly

 which received the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. VII OF 2013

 (Received the assent of the Governor on 22nd April, 2013)

 THE ASSAM VALUE ADDED TAX (AMENDMENT) ACT, 2013


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###### ACT

I I

further to amend the Assam Value Added Tax Act, 2003.

Preamble. Whereas it is expedient further to amend the Assam Value Added Tax Assam

Act, 2003, hereinafter referred to as the principal Act, in the manner hereinafter Act VIII
appearing;

of 2005.

'? Ii

It is hereby enacted in the Sixty-fourth Year of Republic of India as

follows:-

,.I ,

Short title, extent 1.(1) This Act may be called' the Assam ValueAdded Tax (Amendment) Act,
and commence- 2013. I" ," ',II
ment.

(2) It shall have the like extent as the principal Act.

. :i 1

(3) It shall come into force at once.r ' :;.

Amendment or 2. In the principal Act, in section 12, for the words and punctuation mark, ",in
section 12. the circumstances in which no tax under section lOis leviable on the sale

price of such goods", appearing between the words "any person" and "shall
be liable", the words "who is not a dealer registered under the Act" shall be
substituted.

                               - "

                                                                    - , ••• J. I l\

Amendment or
section 14 3. In the principal Act, in section 14, -

~ I

(i) in sub-section (3), for the words "The input tax credit", appearing in the
beginning, the words "Subject to other provisions of this section the
input tax credit" shall be 'substinited;

(ii) after sub-section 0', a new sub-section (3A) shall be inserted, namely:-

"(3A) Notwithstanding anything contained in this section, if goods, other
than the goods specified in the Fourth Schedule, which are taxable

, at the rate of four percent or above under this Act, are sold in the
course of interstate trade or commerce to a registered dealer at the

Central

': ,,' concessional rate of ,!ax ' applicable under sub-section (I) of

Act74

section 8 of the Central Sales Tax Act, 1956, the input tax credit or 1956.
shall be reduced by the amount of tax calculated.atthe rate of two
percent of the purchase price excluding tax of such 'goods or the
raw materials and packingmaterials used in the manufacture of
such goods. Such input tax credit shall be reduced in the month in
which such interstate sales take place.";

(iii) in sub-section (6), -

(a) in clause (h), for the existing proviso, the following shall be
substituted, namely:-

"Provided that input tax credit may be allowed for the tax paid in


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substituted, namely:-

"Provided that input tax credit may be allowed for the tax paid in
excess of the amount of tax calculated at the rate of four percent on
the purchase price excluding tax of raw materials utilized in
manufacture of goods.".

Amendment of 4. In the principal Act, in section 74, -
section 74.

(i) in sub-section (3), in clause (c), for the existing third proviso the following

shall be substituted, namely ;-

"Provided also that on application of the dealer such authority may release
such books of accounts, registers and other documents before expiry of
ninety days with prior approval from the Commissioner if the amount
involved in the Notice of Demand issued against such seizure by such
authority does not exceed Rupees five lakhs and with prior approval from
the Government if the amount involved exceeds Rupees five lakhs.";

(ii) in sub-section (5), in clause (b), for the words "thirty days", appearing

between the words "a notice to show cause within a period of' and "of
service of such notice", the words "fifteen days" shall be substituted .

Amendment of 5. In the principal Act, in section 79, in sub-section (II), in clause (b),
section 79. Explanation-I shall be omitted.

Amendment of 6. In the principal Act, in section 89, in sub-section (1), in the proviso, for the
section 89. words and sign "twenty-five percent", appearing between the words ''which

is less than" and "of the amount", the words "one hundred percent" shall be
substituted.

Amendment of 7. In the principal Act, in section 103,-
section 103.

(i) in sub-section (1), -

(a) in clause (b), between the words "Cost Accountant" and "who",

the words "or Company Secretary" shall be inserted;

(b) in the last paragraph, between the words "Cost Accountant" and
"or", the punctuation mark and words ", Company Secretary"
shall be inserted;

(ii) in sub-section (2), -

(a) in the first paragraph, between the words "Cost Accountant" and

"or", the punctuation mark and words ", Company Secretary"
shall be inserted;

(b) in clause (ii), between the words "Cost Accountant" and "or",
the punctuation mark and words", Company Secretary" shall be
inserted.

###### MOHD. A. HAQUE,
 Commissioner and Secretary to the Govt. ofAssam,


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