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Section 3: Levy of surcharge on sales and purchase taxes

The Kerala Surcharge on Taxes Act, 1957 (No.11 of 1957)State Act of Kerala · Act 11 of 1957

(1) The tax payable under the Travancore-Cochm General Sales Tax Act, 1125 or the Madras General Sales Tax Act, 1939, shall, m the case of a dealer whose turnover exceeds thirty thousand Pubhshed m the Gazette Extraordinary, dated 7th August 1957.

...

• • 103 rupees m a year, be mcreased by a surcharge at the rate of two and a half per centum of the tax payable for that year and the provistons of the Travancore-Cochm General Sales Tax Act, 1125 or the Madras General Sales Tax Act, 1930, shall, a~ the case may be, apply to the levy and collectiOn of the ~aid surcharge:

Provided that where m respect of declared good~ as defined in ·clause (c) of section 2 of the Central Sales Tax Act, 1~56, the tax payable by such dealer under the Travancore-Cochin General Sales Tax Ac';, 1125 or the Madras General Sales Tax Act, 1939, together with the surcharge payable under th1s sub­ section, exceeds two per centum of the sale or purcha~e priCe, the rate of surcharge in respect of !:>U<'h goods shall be reduced to such an extent that the tax and the surcharge together shall not exceed two per centum of the sale or purchase price.

(2) Notwithstandmg anythmg contamed in sub-section

(1) of sectiOn 11 of the Travancore-Cochin General Sales Tax Act, 1125, or in sub-section (1) of section 8 B of the Madras General Sales Tax Act, 1939, no dealer referred to m sub­ sectiOn (1) shall be entitled to collect the surcharge payable under the said sub-section.

4. Levy of :;urcharge on profession tax -The profes~ion tax or tax on companies payable by a person or company whose half-yearly income is not less than one thousand and five hundred rupees to the respective local authonhes under the Trivandrum City Municipal Act, the Travancore Distnct Mumcipahties Act, 1116, the Cochm Municipal Act, XVIII of 1113, the Madras District Municipalities Act, 1920, the Travancore-Cochin Pan­ chayat~ Act, 1950, the Madras Village Panchayats Act, 1950 ~r the Madras D1str1et Boards Act, 1920, shall be mcrcased by a surcharge for the purpose of the Government at the rate of five per centum of the profession tax or tax on compames so payable and the local authorities concerned shall levy and collect the said surcharge along With the professiOn tax or the tax on com­ pames m the same manner as If It were a professiOn tax or a tax on compames, and the prov1s10ns of law govermng the levy and collection of su.ch taxes shall m all re~pects apply therefor.

:J. Local authonty to make over the surcharge collected to Government -The local authority concerned shall make over to the Governrr..ent the surcharge so collected m such manner and subject to such deductiOns towards the cost of collectwns as the Government may, from time to hme, by rules prescribe.

Where this provision sits

ActThe Kerala Surcharge on Taxes Act, 1957 (No.11 of 1957)
Section3
Marginal noteLevy of surcharge on sales and purchase taxes
JurisdictionState of Kerala
StatusIn force as published by the source
Judgments citing it1

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