Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
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58<br />
(3) (a) The provisions of sub-section (1) and sub-section (2) shall apply to the rectification of<br />
a mistake in any order passed by the Appellate Board or passed by the Appellate<br />
2 Authority 2 as they apply to the rectification of a mistake by the Commissioner.<br />
(b) The Appellate Board may rectify any order passed by it -<br />
(i) on its own motion at any time within one calendar year from the date of passing<br />
of such order; and<br />
(ii) on an application made by the dealer or the Commissioner, at any time within one<br />
calendar year from the date of receipt of such application.<br />
(4) Where any such rectification has the effect of reducing the amount of tax, the<br />
Commissioner shall in the prescribed manner refund any amount due to the dealer.<br />
(5) Where any such rectification has the effect of enhancing the amount of the tax or<br />
reducing the amount of the refund, the Commissioner shall recover the amount due from the<br />
dealer in the manner provided in Section 24.<br />
CHAPTER - XI Detection and prevention of tax evasion<br />
55 : Detection and checking evasion of tax by dealers liable to pay tax and power of<br />
commissioner to investigate in to tax evasion by a dealer<br />
(1) If upon any information which has come into the knowledge of Commissioner and he has<br />
reason to believe that any dealer has evaded payment of tax or is indulging in evasion<br />
of tax under this Act or under the Act repealed by this Act, for reasons to be recorded in<br />
writing, he may direct any of the officers referred to in clauses (c) to (g) of sub-section (1)<br />
of section 3 to proceed to investigate into the tax evasion by such dealer.<br />
(2)<br />
(3)<br />
2 Omitted 2<br />
2 In pursuance of the provisions of sub-section (1) 2 , the commissioner shall, subject to<br />
such conditions as may be prescribed:-<br />
(a) require the dealer to produce before him any accounts, registers or<br />
documents relevant to his business or to furnish such other information as he<br />
may deem fit for scrutiny, or<br />
(b) inspect the place of business of such dealer and for this purpose all<br />
accounts, registers and documents relating to the business of such dealer<br />
and all the goods kept in such place of business shall be open to inspection<br />
by the commissioner.<br />
(4) If on scrutiny of the records produced by the dealer or on inspection of his place of<br />
business under sub-section (3), the Commissioner is satisfied that the dealer has evaded<br />
payment of tax payable by him for any year, he may for reasons to be recorded in writing,<br />
seize such accounts, registers or documents relating to the business of such dealer as he<br />
considers necessary, and grant a receipt therefor to the dealer and shall detain them only for<br />
so long as may be necessary, for examination thereof or for assessment of tax or for<br />
prosecution.<br />
2 Provided that if the Commissioner can not examine the documents relating to the<br />
business of such dealer on the spot, he may ,for reasons to be recorded in writing, seal<br />
such documents in a box or bag or container or packet and seize the box or bag or container<br />
or packet and after the seizure, the Commissioner shall serve upon the dealer, a notice in<br />
the prescribed form ,and on the date fixed, he shall open the seal of the seized box or bag or<br />
container or packet in the presence of the dealer or an agent of the dealer entitled to appear<br />
in accordance with the provisions of section 23 and in the presence of at least two other<br />
persons examine the documents kept in the box or bag or container or packet and after