The Bombay Sales Tax Rules, 1959
Chapter V : Payment of Tax, Penalty, Amount Forfeited, Composition Money 1 [bst1] [,lumpsum in lieu of tax or determination of taxable turnover of sales of residential hotels, charging composite sum for lodging and boarding]
1 [bst1] [31AA.Calculation of the cumulative quantum of benefits :- (1)The cumulative quantum of benefits received by a dealer (hereinafter referred to as "the said dealer") to whom a Certificate of Entitlement has been granted by the Commissioner under entry 2 [bst2] [E-2] 3 [bst3] [or entry 3 or entry 11 or entry 12 4 [bst4] [or entry 13] in Group E of the Government Notification, Finance Department,No.STA-1095/37/Taxation 2, dated the 22nd September l995, as a case may be] of the Schedule to the notification issued under section 41 shall be calculated by the Commissioner in respect of any period commencing on or after the 1st January, 1980 in the manner prescribed herein.
(2) The cumulative quantum of benefits received by the said dealer to whom the said certificate has been granted under the 1979 Package Scheme of Incentives including the amended 1979 Package Scheme of Incentives and the 1983 Package Scheme of Incentives shall be aggregate of the following sums, that is to say.---
(a) a sum equal to the amount of purchase tax which would have been payable on the purchase of raw materials to the Government by the said dealer under any of the provisions of the Act and the amount of additional tax 5 [bst5] [or surcharge] in relation to such purchase tax which would have been payable to the Government if the exemption granted under the said entry was not available;
(b) a sum equal to the amount of 6 [bst6] [sales tax, surcharge and turnover tax] which would have been payable by a selling dealer not holding a Certificate of Entitlement on the sale of raw materials to the said dealer if the set-off under Rule 42 AC is not admissible to the said dealer in respect of such purchases :
Provided that during the period from 15th April, 1994 to 30th November, 1994, the calculation shall be made at the rate of tax applicable to such goods as reduced by 4% from the applicable rate of tax:
(c) a sum equal to the amount granted as drawback, set-off or, as the case may be, refund under rule 42AC to the said dealer;
(d) a sum equal to 4 per cent of the turnover of inter-State sales of finished products manufactured by the said dealer in the eligible unit and specified in the Eligibility Certificate granted to him by the implementing agency and if the inter-State sales of such products are generally liable for Central Sales Tax at a rate less than 4 per cent then a sum calculated at such lower rate on the said turnover;
(e) a sum equal to the amount of tax (including sales tax, 7 [bst7] [additional tax, surcharge] and turnover tax) which would have been payable to Government on any sales of products manufactured by the said dealer in the eligible unit and specified in the Eligibility Certificate granted to him by the implementing agency if the said dealer was not holding the said Certificate of Entitlement and no regard was had or any deduction from the said turnover or full or partial exemption from payment of tax on any account of any sale made against any declaration or certificate prescribed under the Act, rules or any notification issued under the Act or Rules:
Provided that if the said dealer would have been entitled to claim setoff drawback or, as the case may be, refund under rule 41C, 41E, or as the case may be, rule 41F, if he was not holding the said Certificate of Entitlement in respect of his turnover of purchases, then in respect of such turnover of purchases, no sum shall be calculated under clauses (a), (b) and (c);
8 [bst8] [Provided further that, in respect of periods starting on or after the 1st April 1997, if the said dealer would have been entitled to claim set off draw back or as the case may be, refund under rule 41D 9 [bst9] [or, as the case may be 41G]. If he was not, holding the said Certificate of Entitlement, then in respect of such turnover of purchases, the sum mentioned in clauses (a), (b) and 10 [bst10] [(c)] shall be reduced by an amount equal to such set-off which have been allowed to such dealer.]
Provided also that where by virtue of Rule 3 of the Bombay Sales Tax Rules, 1959, the process employed by the said dealer does not amount to a manufacture, then no sum shall be calculated under clause (e), if the corresponding purchase of raw materials are made from registered dealers.
[bst1] 1. 'Rule 31AA' was inserted by GNFD STR.1295/CR-21/Taxation-1 Dated 24-3-1995.
[bst2] 2. 'These words and figures were substituted and deemed to have been substituted w.e.f.1-10-1995 forthewords"EntryNo.136"bySTR.1296/CR-84/Taxation-1, dated7-9-1996.
[bst3] 3. These figures, words and letters were inserted and shall be deemed to have been inserted w.e.f. 1-10-1995 by the Bombay Sales Tax (Fifth Amendment) Rules, 2001, dated 19th November 2001.
[bst4] 4. These words & figures were inserted and shall be deemed to have been inserted w.e.f. 8th July 1999 by the Bombay Sales Tax (Third Amendment) Rules, 2003, dated 29th March 2003.
[bst5] 5. These words were inserted and shall be deemed to have been inserted w.e.f. 1st April 1999 by the Bombay Sales Tax (Fourth Amendment) Rules, 2003 dated 31st March 2003.
[bst6] 6. These words were substituted for the words "sales tax" by the Bombay Sales Tax (*Amendment) Rules, 1999. dated 22nd April, 1999 w.e.f. 1st April, 1999 and again these words were substituted and shall be deemed to have been substituted w.e.f. 1st April 1999 for the words "sales tax and turnover tax" by the Bombay Sales Tax (Fourth Amendment) Rules, 2003 dated 31st March 2003.
[bst7] 7. These words were substituted for the words "additional tax" by the Bombay Sales Tax (*Amendment) Rules, 1999. dated 22nd April, 1999 w.e.f.1st April, 1999.
[bst8] 8. This Proviso was substituted w.e.f. 1-4-1997 by the Bombay Sales Tax (Amendment) Rules, 1998 dated 1-5-1998. (Refer T. Cr. No. 7-T of 1998 dated 5-5-1998). Substituted Proviso was read as "Provided further that if the said dealer has consigned any goods manufactured by him in the eligible unit and specified in the Eligibility Certificate granted to him in the course of inter-State trade or commerce to himself or to any agent situated outside the State otherwise than by way of sale, then the sums mentioned in clauses (a), (b) and (c) shall be increased by an amount equal to 6 per cent of the purchase price of raw materials (other than declared goods) corresponding to such goods sent by way of consignment transfer".
[bst9] 9. These words, figures & letter were added and shall be deemed to have been added w.e.f. 22nd January 2000 by the B.S.T. (Sixth Amendment) Rules, 2002, dated 19th August, 2002.
[bst10] 10. These brackets and letter were substituted for the brackets and letter "(e)" and shall be deemed to have been substituted w.e.f. 1st April 1997 by the B.S.T. (Sixth Amendment) Rules, 2002, dated 19th August, 2002.