CST ACT SECTION 6A AMENDMENT

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kamal (Querist)
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15 April 2010 Whether the amendment is passed by parliament, and if yes, from which date it has come into force. Is there is any article or commentary over this amendment? Please give reference.

CA. Dashrath Maheshwari

CA. Dashrath Maheshwari (Expert)
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21 April 2010 * Home
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Amendment in CST Act by finance Bill 2010:

Section 6A:

Amendment in Sub- section (2 ) of 6A :

i) Provide that for making an order under that sub section the assessing officer shall, in addition to satisfying himself about the truthfulness of particulars furnished by a dealer , shall also satisfy himself that no interstate sale have been effected and also to provide that the deeming provision as contained therein to the effect that the movement of goods have not occasioned as a result of sale SHALL BE SUBJECT TO THE provisions of sub-section (3) and

ii) Insert a new sub-section ( 3 ) so as to specify that nothing contained in sub- section (2) shall preclude re assessment by the assessing authority on the basis of new fact discovered or revision by a higher authority on the ground that the finding of the assessing authority are contrary to law and such re assessment or revision may be done in accordance with the provisions of general sales tax law of the state.

New chapter VA inserted relating to appeals to the highest appellate authority of the state:

The proposed section seeks to insert a new section 18A so as to make a provision foe appeals to the highest appellate authority of every state against the orders made under sub section ( 2) and newly inserted sub section ( 3 ) of section 6A including incidental issues relating to rate of tax , computation of assessable turnover and penalty and also procedure before such highest appellate authority.

Sub section ( 1) of section 20 substituted along with explanation given earlier :

To provide that an appeal shall lie to the authority against any order passed by the highest appellate authority of a state under this act determining issues relating to stock transfers or consignments of goods , in so far as they involve a dispute of inter – state nature and to omit explanation there under.