The Mizoram (Sales of Petroleum and Petroleum Prod- ucts, including Motor Spirit & Lubricants) Taxation (Amendment) Act, 1995

NOTIFICATION No H. 12018/22/91-LJD, the 17 th

November, 1995. The following Act of the Mizoram Legislative

Assembly which received the assent of the Governor of Mizoram is hereby published for general informa- tion: THE MIZORAM (SALES OF PETROLEUM AND PETROLEUM PRODUCTS INCLUD ING MOTOR SPIRIT AND LUBRICANTS) TAXATION (AMENDMENT) ACT, 1995. The Mizoram Act No. 8 of 1995 Received the assent of the Governor of Mizoram on the 10.11.1995. AN ACT further to amend the Mizoram (Sales of Petroleum and Petroleum Products, including Motor Spirit and Lubricants) Taxation Act, 1973 (Act No. 6 of 1974) (hereinafter referred to as the principal Act). Be it enacted by the Lagislative Ascembly of Mizoram in the Forty-Sixth year the Republic of India as follows:-

1. (1) This Act may be called the Mizoram (Sales of Petroleum and Petroleum Prod-

ucts, including Motor Spirit & Lubricants) Taxation (Amendment) Act, 1995.

1. (2) It shall have the like extent as the Principal Act.
2. (3) It shall come into force on the date of its Publication in the Official Gazette.

2. (1) In section 2 of the principal Act, the proviso to sub-section 9 of section 2 shall

be deleted.

1. (2) In section 2 of the principil Act, after sub section (9), the following sub-section shall be insert ed, namely :-

Short title ex- tent, and com- mencement Amendment of sectio n 2

“(9A)” “sale price” (used in relation to any dealer) means the amount of money

consideration for sales of taxable good less any sum allowed as cash discount accord- ing to ordinary trade practice but including any sum charged for containers or other materials used in packing of such goods;

1. (3) In section 2 of the principal Act, after sub-section (10), the following sub- section shall be added namely :- “(10A)” ‘Turnover” (used in relation to any period) means the aggregate of the sale prices or parts of sale prices recoverable by a dealer during such period after deducting -
   • (i) the amount, if any, refunded by him in respect of any taxable goods and their co ntainer s wit hin a perio d o f t hree mo nths from the date of deliver y o f t he goods.
   • (ii) from the resultant balance an amount arrived at by applying the following for- mula:- rate of tax X aggregate of sale prices 100 + rate of tax Provided that no deduction on the basis of the above formula shall be made if the amount by way of tax collected by a registered dealer, in accordance with the provi- sions of this Act, has not been included in the aggregate of sale prices. Explanation :- Where the turnover of a dealer is taxable at different rates, the aforesaid formula shall be applied separately in respect of each part of the turnover liable to different rate of tax.

In section 3 of the principal Act, sub-section (3) shall be deleted.

In section 10 of the principal Act, the words and figure, namely- “other than a revised return in respect of the return furnished under sub-section (2)” appearing in sub-section (4) of section 10, shall be deleted.