The Rajasthan Finance Act, 2021

This Act may be called the Rajasthan Finance Act, 2021.

In pursuance of section 3 of the Rajasthan Provisional Collection of Taxes Act, 1958 (Act No. 23 of 1958) it is hereby declared that it is expedient in the public interest that provisions of clauses 3, 5, 6, 7, 8, 9 and 10 of this Bill shall have immediate effect under the said Act.

In section 2 of the Rajasthan Stamp Act, 1998 (Act No. 14 of 1999), hereinafter in this Chapter referred to as the principal Act,-

1. (i) in clause (ia), for the existing punctuation mark “.” appearing at the end, the punctuation mark “;” shall be substituted and clause (ia), so amended, shall be renumbered as clause (i-b); and before the existing clause (i-b), so renumbered, the following clause shall be inserted, namely:- “(i-a) “ancestral property” means the property inherited from one's mother or father or from their predecessors and includes the property of a coparcenary or an Undivided Hindu Family;”; and
2. (ii) for the existing clause (x-a), the following clause shall be substituted, namely:- “(x-a) “concession agreement” means an agreement between the Central or State Government, local authority, statutory body or any other instrumentality of said Governments on one hand and a private entity on the other hand for providing public goods or services wherein such Government, authority, body or instrumentality grants certain specified right by way of licence to the private entity for a specified period to enable it to implement the project of such public goods or services;”.

After the existing section 64 and before the existing CHAPTER VI of the principal Act, the following section shall be inserted, namely:- “64-A. Refund of amount deposited as stamp duty and/or surcharge but not required to be used as such.- When any person has deposited any amount through e-GRAS to be used as stamp duty and/or surcharge in respect of any instrument intended to be executed by or in favour of him and thereafter either the intended instrument is not executed or the amount cannot be used for that instrument for any reason whatsoever or otherwise becomes refundable under section 58, the Collector shall refund such amount, deducting therefrom ten paise for each rupee or fraction of a rupee, upon an application filed within six months from the date on which such amount is deposited or, as the case may be, becomes refundable and proving to the satisfaction of the Collector-

1. (a) that the intended instrument has not been executed; or
2. (b) that the amount cannot be used as stamp duty and/or surcharge for that instrument for the reason or reasons specified in the application or has become refundable under section 58; and
3. (c) that the application for refund has been filed within six months from the date of deposit of the amount or as the case may be, from the date on which the amount becomes refundable.”.

In the Schedule to the principal Act,-

1. (i) in clause (c) of Article 5, in proviso, appearing under Column No. 2, for the existing expression "three years", the expression "five years" shall be substituted;
2. (ii) in Article 35-B, for the existing clause (2), the following shall be substituted, namely:- “(2) Instrument of conversion of a firm, a private limited company or an unlisted public limited company into limited liability partnership or vice-versa-

1. (a) where on conversion immovable property vests in the resultant entity Two percent on the market value of immovable property.
2. (b) in any other case Five thousand rupees.”; and
   • (iii) in Article 48, for the existing clause (a), the following shall be substituted, namely:-

“(a) in case of ancestral property 1.5 percent of the amount equal to the market value of the share, interest, part or claim renounced.”.

In section 6 of the Rajasthan Fiscal Responsibility and Budget Management Act, 2005 (Act No. 7 of 2005),-

1. (i) for the existing clause (c), the following shall be substituted, namely: - “(c) restrict its total outstanding debt up to 38.2 per cent of Gross State Domestic Product within a period of six years, beginning from the 1st day of April 2020, and ending on the 31st day of March 2026 and thereafter maintain the said ratio or reduce it;”; and
2. (ii) in clause (d) of the first proviso, for the existing punctuation mark “:” appearing at the end, the expression “; or” shall be substituted and after the said clause (d), so amended, the following shall be added, namely:- “(e) due to additional borrowing limit allowed by the Central Government on account of Covid-19 pandemic:”.

For the existing first proviso to sub-section (2) of section 4 of the Rajasthan Motor Vehicle Taxation Act, 1951 (Act No. 11 of 1951), the following shall be substituted, namely:- "Provided that,-

1. (i) the period of such surrender or non-use shall not be less than seven days for stage carriages and less than thirty days for other than stage carriages; and
2. (ii) the period of such surrender shall not be more than ninety days for all categories of vehicles except in the case of theft of the vehicle:".

In sub-section (1) of section 3 of the Rajasthan Contingency Fund Act, 1956 (Act No. 40 of 1956), for the existing expression "five hundred crores of rupees", the expression "one thousand crores of rupees" shall be substituted.

In section 33 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), hereinafter in this Chapter referred to as the principal Act, after the existing sub-section (4) and before the existing sub-section (5), the following new sub-section shall be inserted, namely:- "(4A) Notwithstanding anything contained in this section, the rectification application pertaining to any period up to 30th June, 2017 may be filed by 30th June, 2021 and such applications shall be disposed of up to 30th September, 2021 or within six months from the date of filing thereof, whichever is later."

In section 34 of the principal Act, after the existing sub-section (3), the following new sub-section shall be added, namely:- "(3A) Notwithstanding anything contained in this section, the application under this section pertaining to any period up to 30th June, 2017 may be submitted manually, directly to the concerned assessing authority up to 30th September, 2021 and the assessing authority shall proceed to make a fresh assessment within ninety days of the receipt of such application."