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Section 6 The Central Sales Tax, 1956

The Central Sales Tax, 1956

 

 

6. LIABILITY TO TAX ON INTER-STATE SALES. –

 

1[(1)] Subject to the other provisions contained in this Act, every dealer shall, with effect from such date2 as the Central Government may, by notification in the Official Gazette, appoint, not being earlier than thirty days from the date of such notification, be liable to pay tax under this Act on all sales 3[of goods other than electrical energy] effected by him in the course of inter-State trade or commerce during any year on and from the date so notified:

 

4[Provided that a dealer shall not be liable to pay tax under this Act on any sale of goods which, in accordance with the provisions of sub-section (3) of section 5 is a sale in the course of export of those goods out of the territory of India.]

 

5[(1A) A dealer shall be liable to pay tax under this Act on a sale of any goods effected by him in the course of inter-State trade or commerce notwithstanding that no tax would have been leviable (whether on the seller or the purchaser) under the sales tax law of the appropriate State if that sale had taken place inside that State.]

 

6[(2) Notwithstanding anything contained in sub-section (1) or sub-section (1A), where a sale of any goods in the course of inter-State trade or commerce has either occasioned the movement of such goods from one State to another or has been effected by a transfer of documents of title to such goods during their movement from one State to another, any subsequent sale during such movement effected by a transfer of documents of title to such goods to a registered dealer, if the goods are of the description referred to in sub-section (3) of section 8, shall be exempt from tax under this Act:

 

Provided that no such subsequent sale shall be exempt from tax under this sub-section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the prescribed time or within such further time as that authority may, for sufficient cause, permit,—

 

(a) a certificate duly filled and signed by the registered dealer from whom the goods were purchased containing the prescribed particulars in a prescribed form obtained from the prescribed authority; and

 

(b) if the subsequent sale is made to a registered dealer, a declaration referred to in sub-section (4) of section 8:

 

Provided further that it shall not be necessary to furnish the declaration referred to in clause (b) of the preceding proviso in respect of a subsequent sale of goods if,—

 

(a) the sale or purchase of such goods is, under the sales tax law of the appropriate State exempt from tax generally or is subject to tax generally at a rate which is lower than three per cent. or such reduced rate as may be notified by the Central Government, by notification in the Official Gazette, under sub-section (1) of section 8 (whether called a tax or fee or by any other name); and

 

(b) the dealer effecting such subsequent sale proves to the satisfaction of the authority referred to in the preceding proviso that such sale is of the nature referred to in this sub-section.]

 

7[(3) Notwithstanding anything contained in this Act, no tax under this Act shall be payable by any dealer in respect of sale of any goods made by such dealer, in the course of inter-State trade or commerce, to any official, personnel, consular or diplomatic agent of—

 

(i) any foreign diplomatic mission or consulate in India; or

 

(ii) the United Nations or any other similar international body,

entitled to privileges under any convention or agreement to which India is a party or under any law for the time being in force, if such official, personnel, consular or diplomatic agent, as the case may be, has purchased such goods for himself or for the purposes of such mission, consulate, United Nations or other body.

 

(4) The provisions of sub-section (3) shall not apply to the sale of goods made in the course of inter-State trade or commerce unless the dealer selling such goods furnishes to the prescribed authority a certificate in the prescribed manner on the prescribed form duly filled and signed by the official, personnel, consular or diplomatic agent, as the case may be.]

 

COMMENTS

 

It is obligatory on the part of the dealer claiming exemption under section 6 (2) to collect the E II forms from the selling dealer and file them before the assessing authority. He cannot insist for issue of summons by the assessing authority compelling the selling dealer to produce the declaration form; Tamilnadu Agencies v. CTO, (1982) 50 STC 146.

 

—————

1. Section 6 re-numbered as sub-section (1) of that section by Act 31 of 1958, sec. 3 (w.e.f.1-10-1958).

 

2. 1st July, 1957, vide S.R.O. 940A, dated 26th March, 1957, published in the Gazette of India, Extra., Pt. II, Sec. 3, p. 1233/1.

 

3. Ins. by Act 61 of 1972, sec. 2 (w.e.f. 1-4-1973).

 

4. Ins. by Act 103 of 1976, sec. 4 (w.r.e.f. 1-4-1976).

 

5. Ins. by Act 28 of 1969, sec. 3 (w.r.e.f. 5-1-1957).

 

6. Subs. by Act 16 of 2007, sec. 2, for sub-section (2) (w.e.f. 1-4-2007). Earlier sub-section (2) was substituted by Act 61 of 1972, sec. 2 (w.e.f. 1-4-1973) and was amended by Act 25 of 1975, sec. 38 (w.e.f. 1-7-1975). Sub-section (2), before substitution by Act 16 of 2007, stood as under:

 

“(2) Notwithstanding anything contained in sub-section (1) or sub-section (1A), where a sale of any goods in the course of inter-State trade or commerce has either occasioned the movement of such goods from one State to another or has been effected by a transfer of documents of title to such goods during their movement from one State to another, any subsequent sale during such movement effected by a transfer of documents of title to such goods,—

 

(a) to the Government, or

 

(b) to a registered dealer other than the Government, if the goods are of the description referred to in sub-section (3) of section 8,

 

shall be exempt from tax under this Act:

 

Provided that no such subsequent sale shall be exempt from tax under this sub-section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the prescribed time or within such further time as that authority may, for sufficient cause, permit,—

 

(a) a certificate duly filled and signed by the registered dealer from whom the goods were purchased containing the prescribed particulars in a prescribed form obtained from the prescribed authority; and

 

(b) if the subsequent sale is made—

 

(i) to a registered dealer, a declaration referred to in clause (a) of sub-section (4) of section 8, or

 

(ii) to the Government, not being a registered dealer, a certificate referred to in clause (b) of section (4) of section 8:

 

Provided further that it shall not be necessary to furnish the declaration or the certificate referred to in clause (b) of the preceding proviso in respect of a subsequent sale of goods if,—

 

(a) the sale or purchase of such goods is, under the sales tax law of the appropriate State exempt from tax generally or is subject to tax generally at a rate which is lower than four per cent. (whether called a tax or fee or by any other name); and

 

(b) the dealer effecting such subsequent sale proves to the satisfaction of the authority referred to in the preceding proviso that such sale is of the nature referred to in clause (a) or clause (b) of this sub-section.”

 

7. Subs. by Act 18 of 2005, sec. 91, for sub-section (3) (w.e.f. 13-5-2005). Sub-section (3), before substitution, stood as under:

 

“(3) Notwithstanding anything contained in this Act, if—

 

(a) any official or personnel of—

 

(i) any foreign diplomatic mission or consulate in India; or

 

(ii) the United Nations or any other similar international body,

 

entitled to privileges under any convention to which India is a party or under any law for the time being in force; or

 

(b) any consular or diplomatic agent of any mission, the United Nations or other body referred to in sub-clause (i) or sub-clause (ii) of clause (a),

 

purchases any goods for himself or for the purposes of such mission, United Nations or other body, then, the Central Government may, by notification in the Official Gazette, exempt, subject to such conditions as may be specified in the notification, the tax payable on the sale of such goods under this Act.”

 

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Central Sales Tax, 1956

 

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