Vat Actupdated - RS Goyal & Associates

More documents

Recommendations

Info

28 (10)(a) on an application by a registered dealer that his business has been discontinued or transferred, or the Commissioner on his own motion finds that a registered dealer has discontinued or transferred his business ; or (b) on an application by a registered dealer that his liability to pay tax has ceased ; or the Commissioner on his own motion finds that as per the returns submitted by a registered dealer, his turnover in the immediate previous year has not exceeded the limit prescribed under section 5 ; or (c) the Commissioner on his own motion finds that a registered dealer has been granted a registration certificate on the basis of the incorrect information furnished by the dealer ; or (d) the Commissioner on his own motion finds that a registered dealer is in arrears of tax or penalty or any other sum due under this act or under the Act repealed by this Act, which is more than rupees one lac and which remains outstanding for more than six months ; or (e) the Commissioner on his own motion finds that the certificate of a registered dealer should be canceled for reasons to be recorded in writing by him, the Commissioner may cancel the registration certificate. Provided that where the Commissioner proposes to cancel the registration certificate of a dealer under this sub-section, he shall give the dealer an opportunity of being heard. [from 10.8.10] [(10) When - (a) a registered dealer discontinues or transfers his business; or (b) the liability of a registered dealer to pay tax ceases; or (c) a registered dealer has been granted a registration certificate by mistake; or (d) a registered dealer is in arrears of tax or penalty or any other sum due under this Act or under the Act repealed by this Act; or (e) the Commissioner for reasons to be recorded in writing, is of the opinion that the registration certificate should be cancelled for any other reason; the Commissioner may either on his own motion or on the application of the dealer in this behalf cancel the registration certificate: Provided that where the Commissioner proposes to cancel the registration certificate of a dealer under this sub-section, he shall give the dealer an opportunity of being heard. -- 1.4.2006 to 9.8.10] (11) Any dealer whose registration certificate is cancelled under clause (d) or clause (e) of sub-section (10) shall, for the purpose of sub-section (6) of Section 20 20 be deemed to be a dealer, who has failed to apply for registration, but shall not be liable to pay any penalty under the said sub-section. 20 (11A) Where registration certificate of a dealer is cancelled under clause (e) of subsection (10) for non filing of returns, the dealer may within thirty days from the date of communication of cancellation order apply to the Commissioner for reinstatement of registration certificate with a fee of rupees two thousand and if the Commissioner is satisfied that the dealer has furnished all due returns along with payment of tax payable as also interest , if any, the Commissioner may reinstate the registration certificate effective from the date from which it was cancelled. 20 (12) 2 (a) The Commissioner may, for the proper realisation of tax, from time to time demand from a registered dealer reasonable security as may be prescribed to be furnished in the prescribed manner . 2
29 (b) The Commissioner may, by order, forfeit the whole or any portion of the security furnished by a dealer,- (i) for collection of any amount of tax, interest or penalty payable by the dealer; or (ii) if the dealer is found to have misused any prescribed certificate or declaration or has failed to keep or retain them in the prescribed manner, (c) No order shall be passed under sub-clause (b) above, without giving the dealer a reasonable opportunity of being heard. CHAPTER - VI Returns, Assessment, Payment and Recovery of Tax 18 : Returns (1) (a) (i) Every such dealer as may be required so to do by the Commissioner by notice served in the prescribed manner; (ii) every registered dealer; and (iii) every dealer whose registration certificate has been cancelled under clause (d) or clause (e) of sub-section (10) of Section 17, shall furnish return in such form, in such manner, for such period, by such dates and to such authority as may be prescribed: Provided that the Commissioner may, subject to such terms and conditions as may be prescribed, exempt any such dealer from furnishing such returns and statement or permit any such dealer to furnish the return for such different period, in such other form and to such other authority, as he may direct. (b) Every dealer required to furnish returns, under clause (a), shall furnish a statement in such forms and manner for such period, by such date and to such authority as may be prescribed. (c) 2 omitted 2 (2) If any dealer discovers any omission, error or wrong statement in any return furnished by him under clause (a) of sub-section (1) he may furnish a revised return in the prescribed manner and within the prescribed time. (3) Every dealer required to file return under sub-section (1) shall pay the full amount of tax payable according to the return as required by sub-section (2) of Section 24 or the difference of the amount of tax payable according to the revised return as required by sub-section (3) of the said Section and the full amount of interest, if any, payable under clause (a) or clause (b) of sub-section (4) and shall furnish the proof of such payment along with the return or the revised return, as the case may be . (4) (a) If a dealer required to furnish return under sub-section (1), - (i) fails to pay the amount of tax payable according to a return for any period in the manner prescribed under sub-section (2) of Section 24; or (ii) furnishes a revised return under sub-section (2) showing a higher amount of tax to be due than was shown by him in the original return; or 6 (iii) fails to furnish return; or (iv) has furnished return or returns and the tax paid along with the return or returns is less than the tax as per accounts, 6
Page 1 and 2: 1 THE MADHYA PRADESH VAT ACT, 2002
Page 3 and 4: 3 13. 14. 15. 16. 17. 18. 19. 20. 2
Page 5 and 6: 5 Section Page 6 6 27 Saving for pe
Page 7 and 8: 7 MADHYA PRADESH ACT No 20 of 2002.
Page 9 and 10: 9 (j) The expression “declared go
Page 11 and 12: 11 (ii) in the case of unascertaine
Page 13 and 14: 13 (b) Additional Commissioner of C
Page 15 and 16: 15 (3) On an application under sub-
Page 17 and 18: 17 (3) Where any dealer or person w
Page 19 and 20: 19 (2) No tax under this section sh
Page 21 and 22: 21 in the form in which it was prod
Page 23 and 24: 23 input tax rebate of the amount o
Page 25 and 26: 25 20 No tax under section 9 or sec
Page 27: 27 --1.4.2006 to 24.12 .2007] (5) T
Page 31 and 32: 31 tax or interest payable or claim
Page 33 and 34: 33 2 (iii) in respect of a dealer,
Page 35 and 36: 35 case may be the tax payable by s
Page 37 and 38: 37 registered dealer is the Central
Page 39 and 40: 39 (v) an Assistant Commissioner of
Page 41 and 42: 41 (8) No penal action against the
Page 43 and 44: 43 (5) Where any payment under sub-
Page 45 and 46: 45 (4) Any person discharging any l
Page 47 and 48: 47 possession by way of sale, mortg
Page 49 and 50: 49 36 : Sales not liable to tax (1)
Page 51 and 52: 51 an opportunity of being heard, d
Page 53 and 54: 53 specified in clause (c) to (f) o
Page 55 and 56: 55 (2) The Commissioner may on his
Page 57 and 58: 57 Commissioner of the order appeal
Page 59 and 60: 59 examination of the documents, th
Page 61 and 62: 61 (7) Where the Commissioner, appr
Page 63 and 64: 63 2 57 : Establishment of check-po
Page 65 and 66: 65 such vehicle or carrier. (10) No
Page 67 and 68: 67 (1) Any dealer who seeks to impo
Page 69 and 70: 69 Explanation - For the purpose of
Page 71 and 72: 71 and affairs of any public servan
Page 73 and 74: 73 10 (iii) the restrictions and co
Page 75 and 76: 75 (a) a breach thereof shall be pu
Page 77 and 78: 77 and within such period as may be
Page 79 and 80:
79 (1) (2) (3) 6. Charakha, Amber C
Page 81 and 82:
81 (1) (2) (3) 21. Goods on which d
Page 83 and 84:
83 (1) (2) (3) 15. 76. Goods specif
Page 85 and 86:
85 (1) (2) (3) 20 14A Bidi 5 (from
Page 87 and 88:
87 (1) (2) (3) (1) if amount of tax
Page 89 and 90:
89 (1) (2) (3) (vi) Controller -SCS
Page 91 and 92:
91 (1) (2) (3) *55. 6 Industrial in
Page 93 and 94:
93 (1) (2) (3) 62. Dyes 63. Electro
Page 95 and 96:
95 (1) (2) (3) 125. Normal Paraffin
Page 97 and 98:
97 (1) (2) (3) 187. Tanning extract
Page 99 and 100:
99 (1) (2) (3) 5 (from 01- 3 /4Read
Page 101 and 102:
101 (1) (2) (3) 97. Wooden crates 4
Page 103 and 104:
103 (1) (2) (3) 3. 5 Aviation turbi
Page 105 and 106:
105 (2) Acetals and hemiacetals. (3
Page 107 and 108:
107 (88) Ion-exchangers based on po
Page 109:
109 (182) Zinc ores and concentrate
show all

Vat Actupdated - RS Goyal & Associates

Create successful ePaper yourself

Delete template?

Save as template?