Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
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75<br />
(a) a breach thereof shall be punishable with fine not exceeding five hundred rupees,<br />
and if the offence is a continuing one, with a fine not exceeding twenty five rupees for<br />
every day the offence continues; and<br />
(b) in respect of contravention of any rule, the Commissioner may impose a penalty not<br />
exceeding five hundred rupees :<br />
Provided that no such penalty shall be imposed without giving the person concerned a<br />
reasonable opportunity of being heard.<br />
(5) All rules made under this Section shall, as soon as may be after they are made, be laid<br />
on the table of Legislative Assembly.<br />
72 : Repeal and savings<br />
The Madhya Pradesh Vanijyik Kar Adhiniyam 1994 (No.5 of 1995) shall stand repealed on<br />
the date of coming into force of this Act :<br />
Provided that -<br />
(i) such repeal shall not -<br />
(a) affect the previous operation of the Act so repealed or Act No. 2 of 1959 repealed by<br />
Act No.5 of 1995 ( hereinafter referred to as a repealed Act ) or anything duly done<br />
or suffered, thereunder; or<br />
4 (b) affect any right, privilege, obligation or liability acquired, accrued or incurred under<br />
the repealed Act, except the right or privilege accrued under that Act for availing of<br />
the facility of industrial concession by way of exemption from or deferment of<br />
payment of tax by registered dealers who had established new industrial units in the<br />
State of Madhya Pradesh or undertaken expansion, modernisation or diversification<br />
in such industrial unit or exemption from payment of tax by registered dealers who<br />
had established hotel under the new Tourism Policy,1995 or the Heritage Tourism<br />
Policy of the Government of Madhya Pradesh; or 4<br />
(c) affect any penalty, forfeiture or punishment incurred in respect of any offence<br />
committed against the repealed Act; or<br />
(d) affect any investigation, legal proceeding or remedy in respect of any such right,<br />
privilege, obligation, liability; and<br />
(e) 2 Notwithstanding anything contained in sub-clause (b) and subject to such restrictions<br />
and conditions as may be specified, the State Government may, in respect of<br />
registered dealers,-<br />
(i) who were eligible to avail of the facility of exemption from or deferment of payment<br />
of tax immediately before the commencement of this Act; and<br />
(ii) who would have continued to be so eligible had this Act not come into force,<br />
formulate a *scheme* to allow them such facility as it may think fit for the balance unexpired<br />
period or cumulative quantum of tax, whichever is earlier; 2<br />
any such investigation, legal proceeding or remedy may be instituted, continued or<br />
enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had<br />
not been passed and the said Act had not been repealed.<br />
(ii) Unless it is otherwise expressly provided, anything done or any action taken (including<br />
any appointment, notification, notice, order, rule, form, regulation or certificate) in the<br />
exercise of any power conferred by or under the repealed Act shall, subject to the provisions<br />
of sub-clause (b) of clause (i), in so far as it is not inconsistent with the provisions of this<br />
Act, continue to be in force and be deemed to have been done or taken in the exercise of the<br />
powers conferred by or under the provisions of this Act as if this Act were in force on the<br />
date on which such thing was done or action was taken unless and until it is superseded by<br />
or under this Act and all arrears of tax and other amount due at the commencement of this<br />
Act may be recovered as if they had accrued under this Act.<br />
(iii) Any assessment, appeal, revision or other proceedings arising under the repealed<br />
Act and the rules made there under and or pending before an officer or authority duly<br />
empowered to make assessment or hear and decide such appeal, revision or other