No: 11 Dated: Aug, 07 1957

Kerala Surcharge on Taxes Act, 1957

Act 11 of 1957

An Act to provide for levy of surcharges on certain taxes.

Preamble.-WHEREAS it is considered necessary to increase the taxes on agricultural income, taxes on the sale or purchase of goods and taxes on profession, by the levy of a surcharge on such taxes;

Be it enacted in the Eighth Year of the Repubhc of India as follows:-

1. Short tttle, extent and commencement.-(1) This Act may be called the Kerala Surcharge on Taxes Act, 1957.

(2) It extends to the whole of the State of Kerala.

(3) It shall come mto force on such date as the Government may, by notification m the Gazette, appomt,

2. Levy of surcharge on agricultural income-tax.-The income tax or super-tax payable by any person assessed to such tax under the Agncultural Income-tax Act, 1950, shall be increased by a surcharge at the rate of five percent of the tax payable each year, and the provisions of the Agricultural Income-tax Act, 1950 shall apply to the levy and collection of the said surcharge

3. Levy of surcharge on sales and purchase taxes.-(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 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 provisions of the Travancore-Cochm General Sales Tax Act, 1125 or the Madras General Sales Tax Act, 1930, shall, as the case may be, apply to the levy and collection of the said surcharge:

Provided that where m respect of declared goods as defined in clause (c) of section 2 of the Central Sales Tax Act, 1956, the tax payable by such dealer under the Travancore-Cochin General Sales Tax Act 1956 or the Madras General Sales Tax Act, 1939, together with the surcharge payable under this subsection, exceeds two per centum of the sale or purchase priCe, the rate of surcharge in respect of such 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 subsection (1) shall be entitled to collect the surcharge payable under the said sub-section.

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