CHAPTER-I : UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
CHAPTER-I
PRELIMINARY
Section:1. Short title, extent and commencement
(1) This Act may be called The Uttaranchal Value Added Sales Tax Act, 2002.
(2) It extends to the whole of the State of Uttaranchal.
(3) It shall be deemed to have come into force on such date as the Government of Uttaranchal may by notification in the official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
Section:2. Definitions
In this Act, unless the context otherwise requires:-
(1) ” Assessee” means any person by whom tax or any other sum of money is payable under this Act and includes every person in respect of whom any proceedings under this Act have been taken for the assessment of tax payable by him;
(more…)
CHAPTER II : UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
CHAPTER II
THE INCIDENCE, LEVY AND RATES OF TAX
Section:3. Incidence of tax-
(1) Tax shall be levied and charged in accordance with the provisions of this Act on every sale made within the State by a dealer or a person;
(2) Every person who is registered or is liable to be registered under the provision of this Act shall be a taxable person and liable to pay tax in the manner provided in the Act.
(3) Subject to provisions of sub-section (4) or sub-section (5) or sub-section (6) or sub- section (7) as may be applicable, every dealer or a person shall pay from the date he becomes so liable, a tax for each assessment year on his turnover, to be determined in the prescribed manner, of all sales or purchases, as the case may be, inside the State, made on or after the date he becomes liable to pay tax at such rates as provided by or under Section 4 of the Act;
(more…)
CHAPTER III : UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
CHAPTER III
REGISTRATION, AMENDMENT AND CANCELLATION
Section-15 Registration:
(1) Any dealer or a person, carrying on business and liable to pay tax under this Act shall get himself registered within such time and in such manner as may be prescribed:
Provided that a dealer liable to pay tax shall be allowed two months time from the date from which he is first liable to pay such tax, to get himself registered.
(2) Every dealer-
(a) who sells any goods imported by him from out side of Uttaranchal; or
(b) who sells goods manufactured by him by using goods imported from out side the State; or
© who is liable to pay tax under any other provision of this Act, or
(d) who is subjected to tax deduction at source under the provision of Section 35 ; or
(more…)
Chapter IV : UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
Chapter IV
Returns, Assessment, Payment and Recovery of Tax
Section 23 Periodical Returns and Payment of Tax;
(1) Every dealer who is liable to pay tax under this Act shall submit such return or returns of his turnover at such intervals, within such period, in such form and verified in such manner as may be prescribed.
(2) Notwithstanding any thing contained in sub-section (1) every registered dealer and every dealer who is liable to get himself registered under Section 15, shall submit a return or returns relating to his turnover for such period and in such manner as may be prescribed;
(3) Every dealer or a person liable to pay tax shall also submit along with the return a list of purchases from registered dealers of goods in respect of which input tax credit is being claimed in the prescribed manner containing such particulars as may be prescribed;
(more…)
CHAPTER V: UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
CHAPTER V
REFUND AND ADJUSTMENT
Section: 36 Refund:
(1) Subject to other provisions of this Act and the rules made thereunder, the assessing authority shall, refund to a person the amount of tax, penalty and interest, if any, paid by such person in excess of the amount due from him.
Provided that the amount found to be refundable shall first be adjusted towards the tax or any other amount outstanding against the dealer under this Act or under the Central Sales Tax Act, 1956, or the Uttaranchal Trade Tax Act,1948 and only the balance, if any, shall be refunded.
(2) Where any refund is due to any dealer according to the return furnished by him for any tax period, such refund may provisionally be adjusted as per provisions under sub-section(6), sub-section (7) and sub-section (8) of Section 5.
(more…)
CHAPTER VI : UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
CHAPTER VI
INSPECTION OF ACCOUNTS, SEARCH AND SEIZURE AND ESTABLISHMENT OF CHECK-POST
Section 42: Power to order Production of Accounts and Power of Entry and Inspection
(1) Any officer empowered by the State Govt. in this behalf may, for the purposes of this Act, require any dealer or any other person who carries on business of buying, selling or supplying goods for self or on behalf of other dealer, to produce before him any book, document or account relating to his business or relating to the business of other dealers, and may inspect, examine and copy the same and make such enquiries from the dealer or such person, relating to his business as he considers necessary:
Provided that books, documents and accounts of a period more then five years
prior to the assessment year shall not be so required, unless in any special case for reasons to be recorded such officer considers necessary.
(2) All books, documents and accounts maintained by any dealer and such person in the ordinary course of business, the goods in his possession, and his place of business or vehicle shall be open to search and inspection at all reasonable time by such officers, as may be authorized by the State Govt. in this behalf.
(more…)
CHAPTER VII : UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
CHAPTER VII
APPEAL, REVIEW AND REVISION
Section 51: First Appeal-
(1) Any dealer or other person aggrieved by an order made by the Assessing authority, other than an order mentioned in Section 56 or sub-section (7) and sub-section (8)of Section 43, may, within thirty days from the date of the service of the copy of the order, appeal to such authority as may be prescribed, and shall also serve a copy of the Memorandum of Appeal on the assessing authority.
(2) (i) Notwithstanding any thing contained in sub-section (1), where the disputed amount of tax, fee or penalty in an appeal does not exceed one thousand rupees, the appellant may, at his option, request the Appellate Authority in writing for summary disposal of his appeal, whereupon the Appellate Authority may decide the appeal accordingly
(more…)
CHAPTER VIII : UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
CHAPTER VIII
OFFENCES, PROSECUTION AND PENALTIES
Section 58: Offences and Prosecution
(1) Any person who-
(a) fails to pay without reasonable cause within the time
allowed the tax assessed on him under this Act; or
(a) not being a registered dealer, falsely represents that he is or was a registered dealer at the time when he sells or buys goods ; or
(b) being liable to pay tax under this Act, carries on business as a dealer beyond thirty days from the date on which he becomes liable to obtain registration without applying for registration under and in accordance with the provisions of Section 15 or Section 16; or
(more…)
CHAPTER IX : UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
CHAPTER IX
ACCOUNTS TO BE MAINTAINED BY DEALERS
Section 62: Maintenance of Accounts
(1) Every dealer or a person registered or liable to be registered under this Act, or liable to pay tax under this Act, including a dealer covered under sub-section (8) of Section 4 and Section 7 of this Act, shall keep and maintain a true and correct account showing the value of goods purchased, manufactured or sold or supplied by him and such other records as may be prescribed under this Act or the Rules made or Notifications issued thereunder:
Provided that this sub-section shall not apply to such dealers as are not liable to taxation under this Act.
(2) A manufacturer liable to pay tax under this Act shall in addition to the accounts referred to in sub-section (1), maintain stock books in respect of raw material as well as products obtained at every stage of production:
Provided that in the case of any class of manufactures, the aggregate of whose turnover, as referred to in Section 3, in an assessment year does not exceed five lakh rupees, the Commissioner and in any other case the State Govt. may relax the requirements of this sub-section subject to such conditions and restrictions as he or it may deem fit to specify.
(more…)
CHAPTER X : UTTARANCHAL VALUE ADDED SALES TAX ACT 2002-DRAFT
CHAPTER X MISCELLANEOUS
Section 66: Liability on Issuing False Certificate etc.
Notwithstanding any thing to the contrary contained elsewhere in this Act, and without prejudice to Section 58 and Section 61, a person who issues a false or wrong certificate or declaration prescribed under any provision of this Act or the Rules framed thereunder, to another person by reason of which a tax leviable under this Act on the transaction of purchase or sale made to or by such other person ceases to be leviable or becomes leviable at a concessional rate, shall be liable to pay on such transaction an amount which would have been payable as tax on such transaction had such certificate or declaration not been issued:
Provided that before taking any action under this Section, the person concerned shall be given an opportunity of being heard.
Explanation: where a person issuing a certificate or declaration discloses therein his intention to use goods purchased by him for such purpose as will make the tax not leviable or leviable at a concessional rate but uses the same for a purpose other than such purpose, the certificate or declaration shall, for the purpose of this Section, be deemed to be wrong.
(more…)
:: Next Page >>