21.04.2015 Views

Vat Actupdated - RS Goyal & Associates

Vat Actupdated - RS Goyal & Associates

Vat Actupdated - RS Goyal & Associates

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

17<br />

(3) Where any dealer or person with a view to evade payment of tax or in order to claim<br />

any input tax rebate which he otherwise is not eligible for or was carrying on business in the<br />

name of or in association with any other person either directly or indirectly, whether as an<br />

agent, employee, manager, partner or power of attorney holder, guarantor, relative or sister<br />

concern or any other capacity, such person and the dealer in whose name the registration<br />

certificate was obtained shall jointly and severally be liable for the payment of tax assessed,<br />

reassessed, interest payable and penalty imposed under the Act and such tax, interest and<br />

penalty shall be recovered from all or any of such persons as if such person or persons are<br />

dealer under the Act.<br />

8 : Liability of a dealer registered under Central Act No. 74 of 1956 to pay tax<br />

(1) A dealer registered under the Central Sales Tax Act, 1956 (No.74 of 1956) who is not<br />

liable to pay tax under Section 5 shall nevertheless be liable to pay tax at the rate specified<br />

in section 9 on his sales of any goods in respect of the purchases of which he has furnished<br />

a declaration under sub-section (4) of Section 8 of the said Act or on the sales of any goods<br />

in the manufacture of which such goods have been used,<br />

(2) Every dealer to whom sub-section (1) applies shall for the purposes of Section 18,<br />

20, 24 and 39 be deemed to be a registered dealer.<br />

CHAPTER - IV Levy of tax<br />

9 : Levy of tax<br />

6 (1) 2 There shall be levied on goods specified in Schedule II, a tax at the rate mentioned in<br />

the corresponding entry in column (3) thereof and such tax shall be levied on the taxable<br />

turnover of a dealer liable to pay tax under this Act. 2<br />

(2) Notwithstanding anything to the contrary contained in this Act, no tax shall be levied on<br />

goods specified in Schedule II, if the goods are sold by any one of the oil companies, as may<br />

be notified, to any one of the notified oil companies. [from 10.8.10]<br />

6 [Notwithstanding anything contained in this Act, no tax shall be levied on goods specified in<br />

Schedule II, if the goods are sold by any one of the public sector oil companies, that is Indian<br />

Oil Corporation Limited, Hindustan Petroleum Corporation Limited, Bharat Petroleum<br />

Corporation Limited and Indo-Burma Petroleum Company Limited, to any one of the said oil<br />

companies.] 6 [upto 9.8.10]<br />

(3) Notwithstanding anything to the contrary contained in this Act, no tax shall be levied on<br />

such goods as the may be notified by the State Government, subject to such restrictions<br />

and conditions as may be specified in the notification, if the goods are sold by a joint venture<br />

company to its holding company. [from 10.8.10]<br />

20 9-A : Levy of tax by weight, volume, measurement or unit on certain goods .<br />

Notwithstanding anything contained in section 9, the State Government may, by<br />

notification, fix the amount of tax payable on the sale or purchase of certain goods or<br />

a class of goods in respect of a specified area or whole of the State, on the basis of<br />

weight, volume, measurement or unit, and subject to such terms and conditions as<br />

may be notified. 20<br />

10 : Levy of Purchase tax<br />

2 (1) Every dealer who in the course of his business purchases any goods specified in Schedule II<br />

from any person other than a registered dealer or from a registered dealer who has opted for<br />

20

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!