[8A. Application for a permission to pay composition in lieu of tax
[***deleted w.e.f. 1-5-1998 now again inserted as below]
2[8A. Tax Rate for contracts under section 6A (1A) :- A dealer who opts to pay, in lieu of tax payable by him under the Act, a lumpsum by way of composition, under sub- section (1A) of section 6A, shall pay the tax at the rate of one percent for construction contract and three percent for other contracts, without any deduction till the completion of contract under said sub-section (1A)].
2 Rule 8A was Inserted by GN.No.WCR.1091/202/Taxation-1, dated 1-1-1992, w.e.f. 1-1-1992 was deleted w.e.f. 1st May 1998 by G.N.F.D. No.WCA. 1598/CR-18/Taxation-I dated 1st August 1998.
Prior to deleted to its stood as under :- *8A. Application for a permission to pay composition in lieu of tax.- * [(1) Any registered dealer who is liable to pay tax under this Act may apply in Form XXXIII to the Commissioner for permission to pay a lump sum by way of composition in lieu of tax under sub-section (1) of section 6A of this Act. Such application shall be made on before 1st March of any financial year and such permission shall be granted from the first day of financial year succeeding the financial year in which the application has been made.)
(2) The Commissioner may, after making such Inquiry as he deems fit, grant the permission in Form XXXIV which shall be subject to the provisions of the Act, the rules framed thereunder and the conditions specified in the said form.
**[(3) The dealer shall furnish a return in respect of lumpsum amount by way of composition in Form XXXV which shall consist of a return-cum-chalan and pay a lumpsum amount by way of composition according to such return and the provisions of sub-rules (1), (2) and (4) of rule 8 of the principal rules shall, mutatis mutandis, apply to furnishing of return in respect of lumpsum amount by way of composition and payment of such amount by a dealer registered under the said Act.
(4) The lumpsum amount by way of composition or interest or penalty payable otherwise than according to such return or that which is not paid with such return shall be paid with chalan in Form XXXVI.
(5) Any registered dealer to whom permission under sub-rule (2) is granted shall take Inventory of raw material, semi-finished goods and finished goods, as on the date of permission and shall furnish, in Form XXXVII, Information in respect of
(a) Works contracts entered into but not executed;
(b) partly executed contracts;
(c) contract which are executed fully but the payments (either in whole or in part) are yet to be received; and
(d) details of the goods held in stock.
(6) If the permission granted under sub-rule (2) is ***[cancelled] then, the registered dealer shall be required to furnish information in Form XXXVII within 2 months form the date on which the permission becomes in operative.
(7) The Commissioner shall determine the lumpsum amount by way of composition payable by a dealer under this rule, as far as may be, in accordance with the provisions of section 33 or 35 of the Bombay Sales Tax Act a s the case may be, and such determination shall be recorded in an order in Form XXXVIII.]
* Sub-rule (1) was substituted w.e.f. 1-10-1995 by GNFD No.WCA. 1895/CR-93/Taxation-1 dated 30-9-1995.
** 1. Sub-rules 3, 4, 5, 6, & 7 were added by GN.WCA-1092/CR-45/Taxation-1 dated 1-4-1992.
*** This words was substituted for the word "not Renewed" by GN.WCA-1895/ CR-93/Taxation-1, dated 30-9-1995 w.e.f. 1-10-1995.
Present rule "8A" was inserted and shall be deemed to have been Inserted by G.N.F.D. No. WCR.2699/CR-9/Taxation-1, dated 6-3-1999 w.e.f. 1-5-1998.