Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
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31<br />
tax or interest payable or claim of any deduction and input tax rebate, he shall by issue of a<br />
notice in the prescribed form require such dealer to make the payment of the additional<br />
amount of tax and or interest payable by him within the period specified in such notice.<br />
19 Tax Audit -<br />
(1)<br />
2 The Commissioner or an agency authorised by him shall , on previous intimation to the<br />
dealer , undertake tax audit, in such manner as may be prescribed, of the records ,<br />
stocks in trade and the related documents of the dealer, who are selected by him in the<br />
manner as he may deem fit. 2<br />
(2) The tax audit shall be generally taken up in the office, business premises or warehouse<br />
of the dealer.<br />
(3) [ For the purpose of tax audit under sub-section (1), the Commissioner 2 or an agency 2<br />
authorised by him shall examine the correctness of the return or returns filed and<br />
admissibility of various claims including input tax rebate .<br />
--1.4.2006 to 24.12 .2007]<br />
10 Omitted 10<br />
2 (4) For the purpose of tax audit, the Commissioner or an agency authorised by him may<br />
enter the place of business, office or warehouse of the dealer and require him to produce<br />
books of account and documents relating to his business, and the dealer , shall produce<br />
the books of account and the documents relating to his business as required.<br />
(5) Tax audit shall be completed within a period of six calendar months from the date of<br />
institution of the proceedings and after completion of tax audit, a report shall be prepared<br />
and in case of tax audit by an agency authorised by the Commissioner, the report shall<br />
be submitted to the Commissioner, who shall send a copy of the report to the dealer.<br />
[(6) After such audit, if the return or returns filed by the dealer are not found to be correct, the<br />
Commissioner shall by issue of a notice in prescribed form require such dealer to make<br />
the payment of the additional amount of tax and /or interest payable by him, at such rate<br />
as may be prescribed, within the period specified in such notice.<br />
--1.4.2006 to 24.12 .2007]<br />
(6)<br />
10 After such audit, if the return or returns filed by the dealer are not found to be correct or<br />
the dealer has not filed return or returns, the commissioner shall by issue of a notice in<br />
prescribed form require such dealer to make the payment of tax and / or interest payable<br />
by him, at such rate as may be prescribed, within the period specified in such notice. 10<br />
(7) If the dealer does not comply with the requirements made in the notice, the<br />
Commissioner shall assess or re-assess him to tax and interest and / or to imposition of<br />
penalty, in accordance with the provisions of section 20. 2<br />
20 : Assessment of tax<br />
(1) The assessment of every registered dealer shall be made separately for every year :<br />
Provided that,<br />
(a) the Commissioner, may, subject to such conditions and restrictions as may be<br />
prescribed assess the tax due from any dealer for any part of a year,<br />
(b) a registered dealer who claims a refund of input tax rebate under the provisions of<br />
sub-section (4) of section 14,-<br />
(i)<br />
(ii)<br />
in his return for any quarter of a year and makes an application for that purpose,<br />
along with such return or before the date on which the return for the subsequent<br />
quarter becomes due, or<br />
in his returns for a year and makes an application for that purpose before the date<br />
on which the return for the first quarter of the subsequent year becomes due,