Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
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41<br />
(8) No penal action against the applicant under any Act administered by the department shall<br />
be initiated after an order of settlement has been passed under this section. The dealer also<br />
shall not be entitled to refund of any amount or any other benefit under any Act afterwards.<br />
[w e f 10.8.10]<br />
25 : Payment of tax in advance of assessment on failure to furnish returns<br />
(1) Where any registered dealer fails to furnish any return for any period as required by subsection<br />
(1) of Section 18 and fails to pay the tax payable for such period,<br />
(a) the Commissioner may, if the tax payable by such dealer in a year does not ordinarily<br />
exceed ten thousand rupees; and<br />
(b) the Commissioner shall, if the tax payable by such dealer in a year exceeds rupees<br />
ten thousand,<br />
require such dealer to pay such tax, in the manner laid down in the following sub-sections, in<br />
advance of an assessment which may be made under Section 20.<br />
(2) The amount of tax payable in advance under sub-section (1) shall be computed by the<br />
Commissioner as under:-<br />
(a) Where a registered dealer has been assessed to tax for any previous year or part<br />
thereof, the tax payable in advance shall be an amount which bears to the amount of tax<br />
assessed in respect of the latest previous year or part thereof the same proportion as the<br />
period for which the tax payable in advance bears to the period for which the latest<br />
assessment was made,<br />
(b) Where a registered dealer has not been assessed to tax for any previous year or part<br />
thereof but has furnished the return as required by sub-section (1) of Section 18 for any<br />
period, the tax payable in advance shall be an amount which bears to the maximum amount<br />
of tax payable according to any such return the same proportion as the period for which the<br />
tax payable in advance bears to the period for which such maximum amount of tax was<br />
payable according to such return.<br />
(c) Where a registered dealer has not been assessed to tax under this Act for any<br />
previous year and no returns have been furnished by him for such year or where a<br />
registered dealer has no previous year, the tax payable in advance shall be such amount as<br />
the Commissioner may determine to the best of his judgement.<br />
(3) After the expiry of the date by which the return has become due, the Commissioner may<br />
issue a notice in the prescribed form to a registered dealer who has failed to furnish such<br />
return requiring him to pay in the prescribed manner and within the prescribed time the tax<br />
payable in advance computed in accordance with sub-section (2).<br />
(4) If any registered dealer who is required under sub-section (3) to pay the tax in advance<br />
furnishes the return under sub-section (1) of Section 18 and pays the amount of tax in<br />
accordance with the provisions of sub-section (2) of Section 24 on or before the date<br />
specified in the notice issued under sub-section (3) or satisfies the Commissioner that the<br />
return had already been furnished by him by the date by which it was due, the said notice<br />
shall stand cancelled.<br />
(5) The tax payable in advance or any part thereof left unpaid within the time specified in the<br />
notice issued under sub-section (3) shall be recoverable as an arrear of land revenue for<br />
which purpose the provisions of sub-sections 2 (11) and (12) 2 of Section 24 shall mutatis<br />
mutandis apply.