CHAPTER-VIII : LIABILITY TO PRODUCE ACCOUNTS : Punjab Vat Act 2005
CHAPTER-VIII : LIABILITY TO PRODUCE ACCOUNTS
Accounts
42. (1) Every taxable person, registered person, casual trader or any other person, who is required so to do by the Commissioner or the designated officer by notice served on him, shall keep a true account of the goods sold and purchased by him.
(2) If the officer referred to in sub-section (1), considers that the accounts kept are not sufficiently clear or intelligible to determine, whether or not a person is liable to pay tax during any period or the accounts are so kept as not to enable a proper scrutiny of the returns or the statements furnished, he may require such person by notice in writing to keep such accounts, including records of sales or purchases in such form or manner, as in his opinion are necessary for the purpose of proper assessment of tax.
(3) Every taxable person and registered person shall keep all his account books including those relating to his stock of goods or to purchases, sales and delivery of goods made by him or payments made or received, at the place or places of business, specified in his registration certificate or with the previous approval of the Commissioner or the designated officer at such other place or places, as may be allowed.
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CHAPTER-IX : ESTABLISHMENT OF INFORMATION COLLECTION CENTRES : Punjab Vat Act 2005
CHAPTER-IX : ESTABLISHMENT OF INFORMATION COLLECTION CENTRES
Establishment of information collection centres or check posts and inspection of goods in transit
51. (1) If, with a view to prevent or check avoidance or evasion of tax under this Act, the State Government considers it necessary so to do, it may, by notification, direct for the establishment of a check post or, information collection centre or both at such place or places, as may be specified in the notification.
(2) The owner or person Incharge of a goods vehicle shall carry with him a goods vehicle record, goods receipt, a trip sheet or a log-book, as the case may be, and a sale invoice or bill or cash memo, or delivery challan containing such particulars, as may be prescribed, in respect of such goods meant for the purpose of business, as are being carried in the goods vehicle and produce a copy each of the aforesaid documents to an officer Incharge of a check post or information collection centre, or any other officer not below the rank of an Excise and Taxation Officer checking the vehicle at any place:
Provided that a person selling goods from within or outside the State in the course of inter-State trade or commerce, shall also furnish or cause to be furnished a declaration with such particulars, as may be prescribed:
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CHAPTER-X : OFFENCES AND PENALTIES : Punjab Vat Act 2005
CHAPTER-X : OFFENCES AND PENALTIES
Penalty for failure to register
52. Whoever fails to make an application for registration, as required under sub-section (2) of section 21, shall be liable for penalty equal to the amount of tax, in addition to the tax due, and the interest payable from the date, the person becomes liable for registration as a taxable person or a registered person, as the case may be, till the application for registration is made.
Penalty for failure to pay tax when due
53. If a person registered under this Act, fails to pay the amount of tax in accordance with the provisions of this Act, he shall be liable to pay, in addition to the tax and the interest payable by him, a penalty, at the rate of two per cent per month on the tax, so due and payable from the date, it had become due to the date of its payment, or to the date of the order of the assessment, whichever is earlier. The amount of penalty payable under this section, shall be calculated by considering a part of the month as one month.
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CHAPTER-XI : APPEAL AND REVISION : Punjab Vat Act 2005
CHAPTER-XI : APPEAL AND REVISION
First appeal
62. (1) An appeal against every original order passed under this Act or the rules made thereunder shall lie, -
(a) if the order is made by a Excise and Taxation Officer or by an officer-Incharge of the information collection centre or check post or any other officer below the rank of Deputy Excise and Taxation Commissioner, to the Deputy Excise and Taxation Commissioner; or
(b) if the order is made by the Deputy Excise and Taxation Commissioner, to the Commissioner; or
© if the order is made by the Commissioner or any officer exercising the powers of the Commissioner, to the Tribunal.
(2) An order passed in appeal by a Deputy Excise and Taxation Commissioner or by the Commissioner or any officer on whom the powers of the Commissioner are conferred, shall be further appeal-able to the Tribunal.
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CHAPTER-XII : MISCELLANEOUS : Punjab Vat Act 2005
CHAPTER-XII : MISCELLANEOUS
Returns to be confidential
69. (1) Subject to provisions of section 50, all particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act or in any evidence recorded in the course of any proceedings under this Act, other than the proceedings before a Criminal Court, shall, save as provided in sub-section (2), be treated as confidential.
(2) Notwithstanding anything contained in the Indian Evidence Act, 1872, no court shall, save as aforesaid, be entitled to require any officer of the State Government to produce before it any such statement, return, account, record or document or any part thereof or to give evidence before it in respect thereof.
(3) Nothing in this section shall apply to the disclosure of any of the particulars referred to in sub-section (1) for the purpose of prosecution under the Indian Penal Code,1860 (Central Act 45 of 1860) in respect of any such statement, return, accounts, records, documents or evidence or for use of the Excise and Taxation Department of the State or of the officials of the Government of India or any State Government or for the purpose of preparing data by the official of an agency with whom the State Government have entered into a contract.
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CHAPTER-XIII : REPEAL AND SAVING : Punjab Vat Act 2005
CHAPTER-XIII : REPEAL AND SAVING
Repeal and saving of Punjab Act 46 of 1948
92. (1) With effect from the date of coming into force of this Act, the Punjab General Sales Tax Act, 1948 (Punjab Act. 46 of 1948), shall stand repealed.
(2) The repealing of the Act under sub-section (1) shall not,
(a) revive anything not in force or existing at the time when the repeal takes effect; or
(b) affect the previous operation of the repealed Act or anything done or suffered thereunder; or
© affect any obligation, or liability acquired, accrued or incurred under the repealed Act; or
(d) affect any penalty, forfeiture or punishment incurred or inflicted in respect of any offence or violation committed under the provisions of the repealed Act; or
(e) affect any investigation, enquiry, assessment, proceeding, any other legal proceeding or remedy instituted, continued or enforced under the repealed Act,and any such penalty, forfeiture or punishment or any proceeding or remedy instituted, continued, or enforced under the repealed Act, shall be deemed to be instituted, continued or enforced under the corresponding provisions of this Act.
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SCHEDULE A : Punjab Vat Act 2005
SCHEDULE A : Punjab Vat Act 2005
(See section 16)
LIST OF TAX FREE GOODS
Serial No.
Name of Commodity
1.
Agricultural implements and parts thereof as per detail given below:-
(A) Ordinary Agricultural Implements
(1) Hand Hoe or Khurpa
(2) Sickle
(3) Spade
(4) Baguri
(5) Hand-wheel Hoe
(6) Horticultural tools like budding, grafting knife, secateur, pruning shear or hook, hedge shear, sprinkler, rake.
(7) Sprayer, duster and sprayer-cum-duster
(8) Soil injector
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SCHEDULEB : Punjab Vat Act 2005
SCHEDULEB : Punjab Vat Act 2005
(See section 
LIST OF GOODS TAXABLE @ 4 per cent
Serial No.
Name of the Commodity
1.
Agricultural implements and parts thereof other than those mentioned in schedule A
2.
Areca nut powder and betel nut
3.
Bamboo
4.
Bearings of all types
5.
Bed sheets, pillow covers and other made ups
6.
Beedi leaves
7.
Beltings of all varieties and descriptions
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SCHEDULE C : Punjab Vat Act 2005
SCHEDULE C : Punjab Vat Act 2005
(See section
LIST OF GOODS TAXABLE @ 1 per cent
Serial No.
Name of the Commodity
1.
Bullions
2.
Gold, silver and Platinum ornaments
3.
Noble metals and ornaments
4.
Precious Stones
SCHEDULE D : Punjab Vat Act 2005
SCHEDULE D : Punjab Vat Act 2005
(See section
LIST OF GOODS TAXABLE @ 20 per cent
Serial No.
Name of the Commodity
1.
Aviation Turbine Fuel