The West Bengal Finance Act, 2026
The West Bengal Finance Act, 2026
Tax20263 sections
1. Short title and commencement
Statutory text
- (1) This Act may be called the West Bengal Finance Act, 2026.
- (2) Save as otherwise provided, this section shall come into force with immediate effect, and the other provisions of this Act shall come into force on such date, with prospective or retrospective effect as required, as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Amendment of West Ben. Act VI of 1979
Statutory text
- (1) in clause (b) of section 2,—
- (a) for sub-clause (i), the following sub-clause shall be substituted:— “(j) a Government servant receiving pay from the revenues of the Central Government or any State Government or the Railway Fund whether the headquarters of the employer or the place from where the salary is drawn or disbursed is within the State or not;”;
- (b) for sub-clause (iii), the following sub-clause shall be substituted:— “(iii) a person engaged in any employment of an employer in any part of the State, not covered by items (i) and (ii) above whether the headquarters of the employer or the place from where the salary is drawn or disbursed is within the State or not;”;
- (2) in section 3,—
- (a) in sub-section (2), for the words “and falling under one or the other of the classes mentioned in the second column of the Schedule shall be liable to pay to the State Government tax at the rate mentioned against the class of such persons in the third column of the said Schedule.”, the words “shall be liable to pay to the State Government tax at the rate of two thousand five hundred rupees per annum.” shall be substituted;
- (b) after sub-section (2), the following sub-section shall be inserted:— “(2A) Notwithstanding anything contained in sub-section (2), the aforesaid rate of tax shall not apply where the State Government, by notification, specifies different rate of tax in the Schedule, the persons specified therein shall be liable to pay tax at such rate, whether per annum or per month, subject to such restrictions and conditions as may be specified in the Schedule.”;
- (3) in sub-section (4) of section 4A, the words “through the website www.wbprofessiontax.gov.in,” shall be omitted;
- (4) in sub-section (1) of section 6, after the words “the salaries and wages paid by him and the amount of tax deducted by him in respect thereof”, the words “and also the details of manpower hired and/or supplied by him” shall be inserted;
- (5) in sub-section (4a) of section 7, for the words “after the expiry of two years”, the words “after the thirtieth day of September next following the expiry of two years from the end of the financial year in respect of which or part of which the assessment is made” shall be substituted;
- (6) in section 15,—
- (a) in sub-section (1a), for the words “who has paid or is liable to pay tax equal to or more than thirty thousand rupees in a year,”, the words “and whose annual gross turnover or annual gross receipt, as the case may be, exceeds rupees ten crore in the preceding financial year,” shall be substituted;
- (b) after sub-section (1a), the following Explanation shall be inserted:— ‘Explanation.— For the purposes of this sub-section, “annual gross turnover” or “annual gross receipt”, as the case may be, in relation to a person, shall mean the aggregate of the amounts including valuable consideration, fee, remuneration, reimbursement, commission or any other sum, by whatever name called, relating to his profession or trade in West Bengal, receivable by him, and that of all the branches or offices in West Bengal in respect of a firm, company, corporation or other corporate body, any society, club or association during the immediately preceding year.’;
- (7) in section 19,—
- (a) in sub-section (1), for the words “simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both, and where the offence is a continuing one, with a daily fine, not exceeding fifty rupees,”, the words “fine which may extend to two thousand rupees, and where the offence is a continuing one, with a daily fine, not exceeding one hundred rupees,” shall be substituted;
- (b) in sub-section (2), for the words “imprisonment of either description which shall not be less than three months but which may extend to one year or with fine not exceeding five thousand rupees or with both.”, the words “with fine not exceeding ten thousand rupees.” shall be substituted;
- (c) in sub-section (3), for the words “imprisonment of either description which shall not be less than three months but which may extend to one year or with fine not exceeding five thousand rupees or with both.”, the words “fine not exceeding ten thousand rupees.” shall be substituted;
- (d) sub-section (4) shall be omitted.
3. Amendment of West Ben. Act XXVIII of 2017
Statutory text
- (1) for clause (b) of sub-section (3) of section 15, the following clause shall be substituted:— “(b) after the supply has been effected, if for such discount, a credit note has been issued by the supplier and input tax credit as is attributable to such discount has been reversed by the recipient of the supply, in accordance with the provisions of section 34.”;
- (2) in sub-section (1) of section 34, after the words “both supplied are found to be deficient”, the words, brackets, letter and figures “or where a discount referred to in clause (b) of sub-section (3) of section 15 is given” shall be inserted;
- (3) in section 54,—
- (a) in sub-section (6), after the words “supply of goods or services or both”, the words, brackets and figures “or of unutilised input tax credit allowed under clause (ii) of the first proviso to sub-section (3)” shall be inserted:
- (b) in sub-section (14), after the words, brackets and figures “sub-section (5) or sub-section (6)”, the words “, other than cases where refund of tax is claimed on account of goods exported out of India with payment of tax,” shall be inserted.
PDF: pending for this language.