Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Karnataka Value Added Tax (Amendment) Act, 2011 12 of 2011 [25 May 2011] CONTENTS 1. Short Title And Commencement 2. Amendment Of Section 4 3. Substitution Of Section 21 4. Amendment Of Section 25 5. Section 5 6. Amendment Of Section 37 7. Amendment Of Section 40 8. Amendment Of Section 53 9. Amendment Of Section 54 10. Amendment Of Section 62 11. Amendment Of The Secondschedule 12. Amendment Of The Thirdschedule 13. Amendment Of The Sixthschedule Karnataka Value Added Tax (Amendment) Act, 2011 12 of 2011 [25 May 2011] (First publishedin the Karnataka Gazette Extra-ordinary on the ninetheeth day ofMarch, 2011) The KarnatakaValue Added Tax (Amendment) Act, 2011 (Received theassent of the Governor on the seventeenth day of March, 2011) An Act further toamend the Karnataka Value Added Tax Act, 2003. Whereas it is expedient further to amend the Karnataka ValueAdded Tax Act, 2003 (Karnataka Act 32 of 2004) for the purposeshereinafter appearing; Be it enacted by the Karnataka State Legislature in the Sixtysecond year of the Republic of India, as follows:- 1. Short Title And Commencement :- (1) This Act may be called the Karnataka Value Added Tax(Amendment) Act, 2011. (2) It shall come into force with effect from the first day ofApril, 2011. 2. Amendment Of Section 4 :- In the Karnataka Value AddedTax act, 2003 (Karnataka Act 32 of 2004) (hereinafter referred toas the principal Act), in section 4, in sub-section (1),- (i) in clause (a), for sub-clause (ii), the following shall besubstituted, namely:-"(ii) Third Schedule, at the rate of five percent, and"; (ii) For clause (b), the following shall be substituted,namely:- "(b) in respect of:- (i) Declared goods as specified in Section 14 of the CentralSales Tax Act, 1956 (Central Act 74 of 1956) at the maximum ratespecified for such goods under Section 15 of the said Act; (ii) Cigarettes, cigars, gutkha and other manufactured tobaccoat the rate of fifteen per cent; (iii) Other goods at the rate of fourteen per cent." 3. Substitution Of Section 21 :- For section 21 of theprincipal Act, the following shall be substituted, namely:- "21. Reimbursement of tax:- Tax collected under this Act on such class of purchases as maybe prescribed, made by specialised agencies of the United NationsOrganisation, Multilateral Financial Institutions and Organisationsnotified under the United Nations (Privileges and Immunities) Act,1947 (Central Act 46 of 1947) and Consulates or embassies of anyother country but excluding consulates or Embassies of any othercountry but excluding consulates or embassies as my be notifiedshall be reimbursed, in such manner and subject to such conditionsas may be prescribed. 4. Amendment Of Section 25 :- In section 25 of the principal Act, after sub-section (1), thefollowing proviso shall be inserted, namely:- Provided that the Commissioner may notify the website in whichan application shall be made electronically. Amendment of section 31:- In section 31 of the principalAct:- (i) In sub-section (4), for the words "sixty lakh rupees", thewords "one hundred lakh rupees" shall be substituted; (ii) Sub-section (6) shall be omitted. 5. Section 5 :- 6. Amendment Of Section 37 :- In section 37 of the principal Act, in sub-section (1), for thewords "one and a quarter per cent", the words "one and half percent" shall be substituted. 7. Amendment Of Section 40 :- In section 40 of the principal Act:- (i) In sub-section (1):- (a) In clause (a), for the words "five years", the words "fouryears" shall be substituted; (b) The following proviso shall be inserted at the end,namely:- "Provided that an assessment or re-assessment relating to anytax period ending 31st day of March, 2007 shall be made within aperiod of five years after the end of the prescribed taxperiod." (ii) In sub-section (2), for the words "five years was areference to ten years", the words "four years was a reference toeight years" shall be substituted. 8. Amendment Of Section 53 :- In section 53 of the principal Act, in sub-section (12), afterclause (a), the following proviso shall be inserted, namely:- "Provided that in respect of any goods on which the rate of taxleviable is less than four per cent, the penalty leviable undersub-clause (ii) shall be equivalent to five times the amount of taxleviable." 9. Amendment Of Section 54 :- In section 54 of the principal Act, after sub-section (1), thefollowing proviso shall be inserted, namely:- "Provided that the Commissioner may notify the website in whichthe necessary information shall be furnished by the driver or anyother person-in-charge of the vehicle." 10. Amendment Of Section 62 :- In section 62 of the principal Act, in sub-section (4), inclause (d), for the words "one hundred twenty days ", the words"two hundred forty days" shall be substituted. 11. Amendment Of The Secondschedule :- In the Second Schedule to the principal Act, the entriesrelating to serial numbers 2 and 3 shall be omitted. 12. Amendment Of The Thirdschedule :- In the Third Schedule to the principal Act, (i) In the entries relating to serial number 5, the words "usedfor cooking food" shall be omitted; (ii) The entries relating to serial number 30 shall beomitted. 13. Amendment Of The Sixthschedule :- In the Sixth Schedule to the principal Act, (i) The entries relating to serial 7, shall be omitted. (ii) In the entries relating to serial number 12, in column 3,for the words "Four per cent", the words "At the maximum ratespecified for declared goods in section 15 of the Central Sales TaxAct, 1956 (Central Act 74 of 1956)" shall be substituted; (iii) In the entries relating to serial number 23, in column 3,for the words "Thirteen and one half per cent", the words "Fourteenper cent: shall be substituted.