The Jammu and Kashmir Taxation Laws (Amendment) Act, 2002

Preliminary

Preliminary

Short title and commencement.—(1) This Act may be called the Jammu and Kashmir Taxation Laws (Amendment) Act, 2002.

1. (2) It shall come into force from the date of its publication in the Government Gazette.

Amendments to the Jammu and Kashmir Excise Act, Samvat 1958

Amendments to the Jammu and Kashmir General Sales Tax Act, 1962

Amendment of section 48-A Act XL of Samvat 1958.—In section 48-A of the Jammu and Kashmir Excise Act, Samvat 1958 (hereinafter in this Chapter referred to as ‘the principal Act’) for the words “one year and with fine which may extend to one thousand rupees”, the words “two years but shall not be less than one year and with fine which may extend to seven thousand rupees but shall not be less than three thousand rupees” shall be substituted.

Amendment of section 48-B Act XL of Samvat 1958.—In section 48-B of the principal Act, for the words “six months and with fine which may extend to one thousand rupees”, the words “one year but shall not be less than three months and with fine which may extend to three thousand rupees but shall not be less than one thousand rupees” shall be substituted.

Amendment to the Levy of Tolls Act, Samvat 1995

Amendment of section 50-A Act XL of Samvat 1958.—In section 50-A of the principal Act, for the words “one thousand rupees”, the words “three thousand rupees but not be less than one thousand rupees” shall be substituted.

Amendments to the Jammu and Kashmir General Sales Tax Act, 1962

Amendment of section 4, Act XX of 1962.—In sub-section

1. (1) of section 4 of the Jammu and Kashmir General Sales Tax Act, 1962 (hereinafter in this Chapter referred to as ‘the principal Act’), in second proviso for the word “Government” the word “Commissioner” shall be substituted and thereafter the following proviso shall be inserted, namely :— “Provided also that the Commissioner may notify such of the dealers for advance tax who fail to file two quarterly returns consecutively within the period prescribed therefor.”

Amendment to section 15-A in Act XX of 1962.—In the third proviso to clause

1. (a) of sub-section

1. (8) of section 15-A of the principal

Amendment to section Amendment to section 16-C in Act XX of 1962.—In section 16-C of the principal Act,—

1. (i) the full-stop at the end of sub-section

1. (6) shall be substituted by colon and thereafter the following proviso shall be inserted, namely :— “ provided that the appropriate authority shall give him an opportunity of being heard before levy of penalty.”
   • (ii) in sub-section (7), for the words, “opportunity of being heard”, the words “opportunity of being heard by the appropriate authority” shall be substituted ;
   • (iii) in sub-section (9), for the words “Deputy Sales Tax Commissioner” and “opportunity of being heard” the words “appropriate authority” shall respectively be substituted.

Amendment to the Stamp Act, Samvat 1977

Amendment of entry 43-B, Schedule I in Act XL of Samvat 1977.—For sub-clause

1. (b) of clause B of entry 43 of Schedule I of the Stamp Act, Samvat 1977, the following sub-clause shall be substituted, namely :—

"(b) In any other case for the maximum amount which may become payable in case of any single accident or sickness where such amount does not exceed Rs. 1,000/- and also where such amount exceeds Rs. 1,000/- for every Rs. 1,000/- or part thereof. Rs. 0.40

Provided that in case of a policy of insurance against death by accident, when the annual premium payable does not exceed Rs. 1.50 per Rs. 1,000/- the duty on such instrument shall be Rs. 0.15 for every Rs. 1,000/- or part thereof. Provided further the minimum duty chargeable shall be Rs. 5/- and the duty so payable shall be rounded to next Rs. 5/- or multiple of Rs. 5/- as the case may be."