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Pre. Act No. 05 of 2018

[31st March, 2018]

PREAMBLE

An Act to give effect to certain financial proposals of the Government of Kerala for the Financial Year 2018-2019.

Whereas, it is expedient to give effect to certain financial proposals of the Government of Kerala for the Financial Year 2018-2019;

Be, it enacted in the Sixty-ninth Year of the Republic of India as follows:--

S.1 Short title and Commencement

(1) This Act may be called the Kerala Finance Act, 2018.

(2) Save as otherwise provided in this Act, it shall come into force on the 1st day of April, 2018.

S.2 Amendment of Act 1 of 1077

In the Abkari Act, 1077 (1 of 1077),--

(1) in section 3, after clause (13), the following clauses shall be inserted, namely:--

(13A) "Foreign Made Foreign Liquor" means any liquor produced, manufactured or blended, compounded and bottled abroad and imported into India by land, air or sea;

(13B) "Indian Made Foreign Liquor" means any foreign liquor other than Foreign Made Foreign Liquor;";

(2) in section 18,--

(a) in sub-section (2),--

(i) in item (i), for the words and brackets "Liquors (Indian Made)" the words "Indian Made Foreign Liquor" shall be substituted;

(ii) in the table, after item (i) and the entry against it, the following item and entry shall, be inserted, namely:--

"(ia) "Duty of excise when levied in Rs. 100 per the form of special fees on Foreign proof litre"; Made F

S.3 Amendment of Act 11 of 1957

In the Kerala Surcharge on Taxes Act, 1957 (11 of 1957), section 3 shall be omitted.

S.4 Amendment of Act 17 of 1959

In the Kerala Stamp Act, 1959 (17 of 1959),--

(1) in section 2, the existing clause (ff) shall be re-lettered as clause (fa) and after clause (fa) as so re-lettered, the following clauses shall be inserted, namely:--

In the Kerala Court Fees and Suits Valuation Act, 1959 (10 of 1960) in SCHEDULE II, after Article 18 and the entries against it in columns (2) and (3), the following Article and entries shall, respectively, be inserted, namely:--

S.7 Amendment of Act 15 of 1963

In the Kerala General Sales Tax Act, 1963 (15 of 1963),--

(1) in section 23B,--

(a) in sub-section (3), for the words and figures "31st December, 2017", the words and figures "30th June, 2018" shall be substituted;

S.8 Amendment of Act 19 of 1976

In the Kerala Motor Vehicles Taxation Act, 1976 (19 of 1976),--

(1) in section 3,--

(a) in sub-section (1),--

In the Kerala Agricultural Income Tax Act, 1991 (15 of 1991) in section 37C--

(a) in sub-section (5), for the words and figures "30th September, 2017" the words and figures "30th June, 2018" shall be substituted;

(b) in sub-section (7), for the words and figures "31st December, 2017" the words and figures "31st December, 2018" shall be substituted.

S.10 Amendment of Act 30 of 2004

In the Kerala Value Added Tax Act. 2003 (30 of 2004),--

(1) in section 2, after clause (xxiv), the following clause shall be inserted, namely:--

"(xxiva) "Joint Commissioner (Appeals)" means any person appointed to be a Joint Commissioner (Appeals) under sub-section (3) of section 3;";

(2) in section 3,--

(a) in sub-section (3), after the words and symbol "Joint Commissioners,", the words, brackets and symbol "Joint Commissioner (Appeals)," shall be inserted;

(b) in the proviso to sub-section (4), after the words "discretion of the", the words, brackets and symbol "Joint Commissioner (Appeals)," shall be inserted;

(3) in section 24, in the fourth proviso to sub-section (1), for the words and figures "31st March, 2018", the words and figures "31st March, 2019" shall be substituted;

(4) in section 25, in the t

S.11 Amendment of Act 21 of 2008

In the Kerala Finance Act, 2008 (21 of 2008), in section 6--

(1) (a) for the words and figures "section 5 and section 7", the words and figure "section 5, except on foreign liquor." shall be substituted;

(b) the proviso shall be omitted:

(2) sub-section (2A) shall be omitted;'

(3) for sub-section (3), the following sub-section shall be substituted, namely:--

"(3) The Government may after due appropriation made by law in this behalf utilise such sum of money of Social Security Cess for the purposes specified in sub-section (1).";

(4) in sub-section (4), the word, brackets, figure and letter "and (2A)" shall be omitted.

S.12 Reduction of arrears in certain cases

(1) Notwithstanding anything contained in sub-section (1) of section 173 of the Kerala Goods and Services Tax Act, 2017 (20 of 2017) and the Kerala Tax on Luxuries Act, 1976 (32 of 1976) (hereinafter referred to as the repealed Act) and the rules made thereunder or in any judgment, decree or order of any court, tribunal or appellate authority, an assessee who is in arrears of tax or any other amount due under the repealed Act relating to the period up to and including 31st March, 2011, may opt for settling the arrears on payment of the principal amount of tax in arrears and thirty per cent of penalty amount, by availing a complete reduction of the interest on the tax amount and interest on the penalty amount.

(2) Notwithstanding anything contained in the Kerala Revenue Recovery Act, 1968 (15 of 1968) reduction of arrears under sub-section (1) shall be applicable to those cases in which revenue recovery proceedings have been initiated and the as