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Consult Construction

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Change in Provisions of Section 40 regarding Sales Tax Deduction at Source

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(STDS) as well as Tax Collection at Source (TCS) of West Bengal Value Added Tax Act
i. Submission of scroll has been made mandatory w.e.f. 02.11.2012 by inserting sub-section
(2A) for a person who deducts tax from a works contractor or supplier, as the case may be,
and deposits that amount to Government Treasury within the prescribed date.
ii. Late fee has been introduced for delay in furnishing scroll, if a person liable to furnish scroll
in Form 19A fails to furnish such scroll within the prescribed time and such late fee will be as
per section 32(2). This provision has been introduced by inserting sub-section (2B) w.e.f.
01.07.2015.
iii. By amending sub-section (3) the date of issue of Form 18A and date for submission of Form
19A, etc., has been fixed as twenty five days from the end of the month during which
deduction is made.
iv. By substituting sub-section (3A), the Commissioner has been vested with the power to
extend the date of filing of revised scroll.
v. Interest payable for delay in payment of tax deducted at source- Two new sub-sections,
namely, sub-section (3B) and sub-section (3C) have been inserted w.e.f. 01.07.2015. As per
sub-section (3B), a person making deduction or a contractee shall be liable to pay interest as
per section 34B for delay in making payment of such tax deducted at source. As per sub-
section (3C), where the interest payable under sub-section (3B) has not been paid, the
Commissioner may determine interest payable and issue notice for making payment of
interest, and the amount may be recovered in accordance with the provisions of section 55 or
section 60 of West Bengal Value Added Tax Act, 2003. However, the State Government may by
notification, waive payment of such interest under sub-section (3D) in such cases or under such circumstances and conditons as may be

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