46 Deposit of the amount towards payment of tax for works contract deducted at source

Deposit of the amount towards payment of tax for works contract deducted at
source.

46. (1) Where a deduction of an amount towards payment of tax in respect of any works contract is made at source by a Government, authority or person under sub-section (1) of section 40 from any dealer, the person making such deduction for such Government, authority or for himself shall, within ten days from the expiry of each English Calendar month, deposit under the appropriate challan into the appropriate Government Treasury the total amount so deducted from one or more dealers during the immediately preceding month.

(2) Challans shall be obtainable at any Government Treasury, or at the office of any Assistant Commissioner or Deputy Commissioner.

(3) A challan for each deposit in respect of a month shall be filled up in quadruplicate and signed by the person making such deposit.

(4) The challan shall specify the name, designation and address of the person making deposit of the amount referred to in sub-rule (1) and mention therein the department of the Government or the authority or the person on whose behalf such deposit is made.

(5) On deposit of the amount referred to in sub-rule (1), a copy of the receipted challan shall be retained by the appropriate Government Treasury, one copy of such receipted challan shall be sent to the Commissioner and the other two copies of such receipted challan shall be returned to the person who deposits such amount under subrule (1).

(6) Notwithstanding anything contained in sub-rule (1), sub-rule (2), sub-rule (3), sub-rule (4) and sub-rule (5) where deduction of any amount towards tax is made under sub-section (1) of section 40 and the person making such deduction adopts "public works system of accounting", such person shall, within ten days from the expiry of the English calendar month during which such deduction is made, incorporate the sum so deducted in the "monthly divisional account statement" and send the said statement to the Accountant General, West Bengal for transfer of the sum to the account under the head of account 0040-00-102 Sales Tax, and after such transfer, it shall be deemed to have been deposited under sub-section (2) of section 40.

(7) On transferring deposit of the amount referred to in sub-rule (1), a copy of the "monthly divisional account statement" showing the total amount of tax deducted during such month as referred to in the said sub-rule, shall be sent to the Commissioner within forty-five days from the date immediately after the date of expiry of the calendar month reckoned according to the English calendar during which deduction is made and the other copy shall be retained by the person who deposits such amount.