Orissa Value Added Tax (Amendment) Act, 2010

Effective From: 01/10/2010

The following Act of the Orissa Legislative Assembly having peen assented to by the Governor on the 16th September, 2010 is hereby published for general information.

[Act 8 of, 2010]

AN ACT FURTHER TO AMEND THE ORISSA VALUE ADDED TAX ACT 2004

BE It enacted by the Legislature of the State of Orissa in the Sixty-first Year of the Republic of India as follows:-

1. Short title and commencement.

(1) This Act may be called the Orissa Value Added Tax (Amendment) Act 2010.

(2) It shall come into force on such date as the Government may, by notification, appoint.

2. Amendment of section 2

In the Orissa Value Added Tax Act, 2004 (Orissa Act 4 of 2005.) (hereinafter referred to as the principal Act), in section 2, for clause (1), the following clauses, shall be substituted namely:-

(1-a) "Advance Ruling Authority" means the Orissa Sales Tax Tribunal constituted under sub-section (1) of section 4;

(1-b) "Advance Ruling" means a determination made by the Advance Ruling Authority of a disputed question raised under sub-section (1) of section 78-A;

(1-c) "Applicant for Advance Ruling" means a registered dealer who has filed an application under sub-section (1) of section 78-A;

(1-d) "appellate authority" means any authority prescribed for the purpose of section 77;'.

3. Amendment of section 3

In the principal Act, in section 4, in sub-section (3)-

(i) in clause (b), the word "and" appearing at the end shall be omitted;

(ii) in clause (c), for the full stop "." appearing at the end, the semicolon and the word "; and" shall be substituted; and

(iii) after clause (c), the following clause shall be added, namely:- -

"(d) three members of the Tribunal, which shall include the chairman or the senior Judicial member and one Accounts member and another judicial member when the case is to hear an application seeking an advance ruling and shall be presided over by the chairman or, as the case may be, the senior Judicial Member.".

4. Amendment of section 9

In the principal Act, in section 9, in clause (b), for the words "rupees twenty lakhs", the words "rupees forty lakhs" shall be substituted.

5. Amendment of section 10

In the principal Act, in section 10, in sub-section (4), in clause (d), for the letter and figure "Rs. 3,00,000" the letter and figure "Rs. 5,00,000" shall be substituted.

6. Amendment of section 16

In the principal Act, in...

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