THE
CENTRAL SALES TAX ACT, 1956
THE
CENTRAL SALES TAX ACT, 1956
INTRODUCTION
By the constitution (Sixth
Amendment) Act’1956, certain amendments were made in the constitution, whereby
(a) taxes on sales or purchase of goods in the course of interstate trade or
commerce were brought expressly within the purview of the legislative
jurisdiction of Parliament, (b) restrictions could be imposed on the powers of
State legislatures with respect to the levy of taxes on the sale or purchase of
goods within the state where the goods are of special importance in inter-state
trade commerce. To provide for the
legislation authorized by the Constitution as amended by the said Amendment Act
of 1956 the Central Sales Tax Bill was introduced in the Parliament.
STATEMENT OF
OBJECTS AND REASONS
In the interest of the national
economy of India certain amendments were undertaken in the Constitution by the
Constitution (Sixth Amendment) Act’1956, whereby –
(a)
taxes
on sales or purchases of goods in the course of interstate trade or commerce
were brought expressly within the purview of the legislative jurisdiction of
Parliament.
(b)
Restrictions
could be imposed on the powers of State legislatures with respect to the levy
of taxes on the sale or purchase of goods within the state where the goods are
of special importance in interstate trade or commerce.
The amendments at the same time
authorized Parliament to formulate principles for determining when a sale or
purchase takes place in the course of interstate trade or commerce or in the
course of export or import or outside a state in order that the legislative
spheres of parliament and the State legislatures become clearly
demarcated. In the case of goods of special
importance in interstate trade or commerce, a law of Parliament is to lay down
the restrictions and conditions subject to which any State law may regulate the
tax on sales or purchases of such goods in the state.
2. This Bill seeks to provide for
the legislation authorised by the Constitution as amended above with a view to
enabling the State Governments to raise additional revenues by levying tax on
interstate transactions which are at present immune from tax under their
respective sales tax laws. After taking
into account the recommendations of the Taxation Enquiry Commission and in
consultation with the States the Government of India were of the view that the
following principles should govern the scheme of the detailed legislation on
the three inter-related subjects;
(i) The Central Government should
authorise the State Government to impose on behalf of the Central Government
tax on the sale or purchase of goods in the course of interstate trade or
commerce. The Central legislation should
also delegate to the states the Central Government’s power to levy and collect
the tax and for this purpose prescribe the same system of registration,
assessment, etc., as prevails in the States concerned under their own sales tax
system.
(ii) An important aspect of the
Central legislation will be concerned with the definition of the locale of
sales for the purpose of defining in detail the relative jurisdiction, firstly
of the Union and the States, and secondly, of the State inter se. It is therefore, necessary that the law
should define clearly, with specific reference to sales tax the circumstances
in which a sale or purchase becomes taxable by a particular state and no
other. It should also define for the
purpose of the Constitutional restrictions on the State’s power to impose a tax
under Item 54 of the State list, when a sale or purchase of goods may be said
to take place:
(a)
in
the course of export out of India,
(b)
in
the course of import into India and
(c)
in
the course of inter-state trade or commerce.
(iii) The Central legislation should
provide for the declaration of certain commodities which are in the nature of
raw materials and of special importance in inter-state trade or commerce and
lay down the restrictions and conditions as to the rate, system of levy and
other incidents of tax subject to which the States may impose tax on the sale
or purchase thereof.
3. Necessary provisions have,
therefore, been made in the different Chapters of this Bill incorporating the
principles stated above.
LIST
OF AMENDMENT ACTS
1.
The
Central Sales Tax (Amendment) Act, 1957 (16 of 1957)
2.
The
Central Sales Tax (Amendment) Act, 1958 (
5 of 1958)
3. The Central Sales Tax (Second Amendment) Act,
1958 (31 of 1958)
4.
The
Repealing and Amending Act’ 1960 (58 of 1960)
5.
The
Finance Act’ 1961 (14 of 1961)
6.
The
Central Sales Tax (Amendment) Act, 1963 (8 of 1963)
7.
The
Finance Act’ 1966 (13 of 1966)
8.
The
Finance Act’ 1968 (19 of 1968)
9.
The
Central Sales Tax (Amendment) Act, 1969 (28 of 1969)
10. The Central Sales Tax (Amendment)
Act, 1972 (61 of 1972)
11. The Finance Act’ 1975 (25 of 1975)
12. The Central Sales Tax (Amendment)
Act, 1976 (103 of 1976)
13. The Repealing and Amending Act’
1978 (58 of 1960)
14. The Finance Act’ 1988 (26 of 1988)
15. The Finance Act’ 1989 (13 of 1989)
16. The Finance (No.2) Act’ 1996 (33 of
1996)
17. The Finance Act’ 2000 (10 of 2000)
18. The Finance Act’ 2001 (14 of 2001)
19. The Central Sales Tax (Amendment)
Act, 2001 (41 of 2001)
20. The Finance Act’ 2002 (20 of 2002)
21. The Finance Act’ 2002 (32 of 2003)
22. The Finance (No.2) Act’2004 (23 of
2004)
23. The Finance Act’2005 (35 of 2005)
24. The Central Sales Tax (Amendment )
Act, 2006 (3 of 2006)
INDEX
Central
Sales Tax Act (C.S.T. Act) (1956)
|
|||
Sr.
No
|
Section
Number
|
Section Name
|
P.No.
|
1
|
1
|
Short tile, extent and commencement
|
|
2
|
2
|
Definitions
|
|
3
|
3
|
When is a sale or purchase of goods said to take place in the
course of interstate trade or commerce
|
|
4
|
4
|
When is a sale or purchase of goods said to take place outside a
State
|
|
5
|
5
|
When is a sale or purchase of goods said to take place in the
course of import or export. -
|
|
6
|
6
|
Liability to tax on inter-State sales.
|
|
7
|
6A
|
Burden of proof, etc., In case of transfer of goods claimed
otherwise than by way of sale.-
|
|
8
|
7
|
Registration of dealers
|
|
9
|
8
|
Rates of tax on sales in the course of inter-State trade or
commerce
|
|
10
|
8A
|
Determination of turnover
|
|
11
|
9
|
Levy and collection of tax and penalties
|
|
12
|
10
|
Penalties
|
|
13
|
11
|
Cognizance of offences
|
|
14
|
12
|
Indemnity
|
|
15
|
13
|
Power to make rules
|
|
16
|
14
|
Certain goods to be of special importance in Inter-State trade
or commerce
|
|
17
|
15
|
Restrictions and conditions in regard to tax on sale or purchase
of declared goods within a State
|
|
18
|
16
|
Liability in special cases : Definitions
|
|
19
|
17
|
Company in liquidation
|
|
20
|
18
|
Liability of directors of private company in liquidation
|
|
21
|
19
|
Central Sales Tax Appellate Authority
|
|
22
|
20
|
Appeals
|
|
23
|
21
|
Procedure on receipt of application
|
|
24
|
22
|
Powers of the Authority
|
|
25
|
23
|
Procedure of Authority
|
|
26
|
24
|
The Authority for Advance Rulings
|
|
27
|
25
|
Transfer of pending proceedings
|
|
28
|
26
|
Applicability of order passed
|
|
THE
CENTRAL SALES TAX ACT, 19561
(74
of 1956)
(21st
December, 1956)
[1. The Act has been extended to Goa, Daman
and Diu (with modifications) by Reg.12 of 1962, sec3 and sch.. to Kohima and
Mokokchung districts of Nagaland (as in force on 5-8-1971) by Act 61 of 1972,
sec.14(1) (w.e.f 30-11-1972). The amendments made to the Act by Act 61 of 1972,
came into force in the said districts (w.e.f.1.4.1973) (vide sec.14 (2), Act 61
of 1972)].
An Act to formulate principals for determining when a sale or purchase
of goods takes place in the course of inter-State trade or commerce or outside
a State or in the course of import into or export from India, to provide for
the levy, collection and distributions of taxes on sales of goods in the course
of inter-State trade or commerce and to declared certain goods to be of special
importance in inter-State trade or commerce and specify the restrictions and
conditions to which laws imposing taxes on the sale or purchase of such goods
of special importance shall be subject.
Be it enacted by Parliament in the
Seventh Year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1.
Short tile, extent and commencement: -
(1)
This Act may be called The Central Sales Tax Act, 1956.
(2)
It extends to the whole of India.2[****]
(3)
It shall come into force on such 3date
as the Central Government may, by notification if the Official Gazette,
appoint, and different dates may be appointed for different provisions of this
Act.
[2. The words “except the
state of Jammu and Kashmir” omitted by Act 5 of 1958.Sec2 (w.e.f.13.3.1958)].
[3. Came into force on 5-1-1957, all sections
except section 15, vide S.R.O 78, dated 4/1/1957, Gazette of India Extra, 1957
Pt.II, Section 3, P.57, and s-15 w.e.f 1-10-1958 vide Notification No.G.S.R.897,
Dt.23-9-1958, Gazette of India, extraordinary, 1958, Pt.II, Section 3(i)
p.476.]
2.
Definitions:-
In this Act, unless the context otherwise requires,-
(a)
''appropriate
State'' means -
(i)
In
relation to a dealer who has one or more places of business situated in the
same State, that State;
(ii)
In
relation to a dealer who has 4places
of business situate in different States, every such State with respect to the
place or places of business situate within its territory;
5
[***]
[4. The words, “one or more”
omitted by Act 31 of 1958, Sec. 2 (w.e.f. 1.10.1958)]
[5. Explanation omitted by Act 31
of 1958, Sec. 2, lbid (w.e.f. 1.10.1958)]
6(aa) ''business'' includes-
(i)
any
trade, commerce or manufacture, or any adventure or concern in the nature of
trade, commerce or manufacture, whether or not such trade, commerce,
manufacture, adventure or concern is carried on with a motive to make gain or
profit and whether or not any gain or profit accrues from such trade, commerce,
manufacture, adventure or concern; and
(ii)
any
transaction in connection with, or incidental or ancillary to, such trade,
commerce, manufacture, adventure or concern;
6(ab) ''crossing
the customs frontiers of India'' means crossing the limits of the area of a
customs station in which imported goods or export goods are ordinarily kept
before clearance by customs authorities.
Explanation:- For the
purposes of this clause, ' 'custom station'' and '' customs authorities'' shall
have the same meanings as in the Customs Act, 1962 (52 of 1962);
[6. Inserted by Act 103 of 1976, Sec. 2 (w.e.f. 7.09.1976)]
7(b) ''dealer''
means any person who carries on (whether regularly or otherwise) the business
of buying, selling, supplying or distributing goods, directly or indirectly,
for cash, or for deferred payment, or for commission, remuneration or other
valuable consideration, and includes-
(i)
a
local authority, a body corporate, a company, any co-operative society or other
society, club, firm, Hindu undivided family or other association of persons
which carries on such business;
(ii)
a
factor, broker, commission agent, del
credere agent, or any other
mercantile agent, by whatever name called, and whether of the same description
as herein before mentioned or not, who carries on the business of buying, selling,
supplying or distributing goods belonging to any principal whether disclosed or
not; and
(iii)
an
auctioneer who carries on the business of selling or auctioning goods belonging
to any principal, whether disclosed or not and whether the offer of the intending
purchaser is accepted by him or by the principal or a nominee of the principal.
Explanation-1
- Every
person who acts as an agent, in any State, of a dealer residing outside that
State and buys, sells, supplies or distributes, goods in the State or acts on
behalf of such dealer as -
(i)
a
mercantile agent as defined in the Sale of Goods Act, 1930,(3 of 1930) or
(ii)
an
agent for handling of goods or documents of title relating to goods, or
(iii) an agent for the
collection or the payment of the sale price of goods or as a guarantor for such
a collection or payment,
and
every local branch or office in a State of a firm registered outside that State
or a company or other body corporate, the principal office or headquarters
whereof is outside that State, shall be deemed to be a dealer for the purposes
of this Act.
Explanation-2 - A Government which, whether or not in the course of business, buys, sells,
supplies or distributes goods, directly or otherwise for cash or for deferred
payment or for commission, remuneration or other valuable consideration, shall
except in relation to any sale, supply or distribution of surplus,
unserviceable or old stores or materials or waste products or obsolete or
discarded machinery or parts or accessories thereof, be deemed to be a dealer
for the purposes of this Act;
[7. Subs. by Act 103 of 1976, Sec. 2 for clause (b) (w.e.f. 7.09.1976)]
(c)
''declared goods'' means goods declared under section 14 to be of special
importance in inter-State trade or commerce;
(d) ''goods''
includes all materials, articles, commodities and all other kinds of movable
property, but does not include newspapers, actionable claims, stocks, shares
and securities;
8[(dd)
''place of business'' includes-
(i) in
any case where a dealer carries on business through an agent (by whatever name
called), the place of business of such agent;
(ii)
a warehouse, godown, or other place where a dealer stores his goods; and
(iii)
a place where a dealer keeps his books of account;]
[8. Ins. by Act 31 of 1958, Sec. 2 (w.e.f. 01.10.1958)]
(e)
''prescribed'' means prescribed by rules made under this Act;
(f) ''registered
dealer'' means a dealer who is registered under sec.7;
9(g) ''sale'' with its grammatical
variations and cognate expressions, means any transfer of property in goods by
one person to another for cash or for deferred payment or for any other
valuable consideration, and includes ,-
(i) a transfer, otherwise than in pursuance of a
contract, of property in any goods for cash, deferred payment or other valuable
consideration;
(ii) a transfer of property in goods (whether as
goods or in some other form) involved in the execution of a works contract;
(iii) a delivery of goods on hire-purchase or any
system of payment by installments;
(iv) a transfer of the right to use any goods for
any purpose (whether or not for a specified period) for cash, deferred payment
or other valuable consideration;
(v) the supply of goods by any unincorporated
association or body of persons to a member thereof for cash, deferred payment
or other valuable consideration;
(vi) a supply, by way of or as a part of any
service or in any other manner whatsoever, of goods, being food or any other
article for human consumption or any drink(whether or not intoxicating), where
such supply or service, is for cash, deferred payment or other valuable
consideration,
[but does not
include a mortgage or hypothecation of or a charge or pledge on goods].
[9. Subs. by Act 20 of 2002, Sec. 50 for clause (g) (w.e.f.
13.05.2002). The earlier section read as
follows : “(g) “Sale” with its grammatical variations and cognate expressions,
means any transfer of property in goods by one person to another for cash or
for deferred payment or for any other valuable consideration, and includes a
transfer of goods on hire-purchase or other system of payment by installments,
but does not include a mortgage or hypothecation of or a charge or pledge on
goods.”]
(h)
''sale price'' means the amount payable to a dealer as consideration for
the sale of any goods, less any sum allowed as cash discount according to the
practice normally prevailing in the trade, but inclusive of any sum charged for
anything done by the dealer in respect of the goods at the time of or before
the delivery thereof other than the cost of freight or delivery or the cost of
installation in cases where such cost is separately charged;
10[“Provided that in the case of a transfer
of property in goods (whether as goods or in some other form) involved in the
execution of a works contract, the sale price of such goods shall be determined
in the prescribed manner by making such deduction from the total consideration
for the works contract as may be prescribed and such price shall be deemed to
be the sale price for the purposes of this clause.]
[10. Ins. by Act 35 of 2005, Sec. 89(a) (w.e.f.1.4.2005)]
11 [(i) “sales tax law” means
any law for the time being in force in any State or part thereof which provides
for the levy of taxes on the sale or purchase of goods generally or on any
specified goods expressly mentioned in that behalf and includes value added tax
law, and ‘general sales tax law’ means any law for the time being in force in
any State or part thereof which provides for the levy of tax on the sale or
purchase of goods generally and includes value added tax law;]
[11. Subs. by Act 35 of 2005, Sec. 89 (b) for clause (i) (w.e.f.1.4.2005)
The previous sub-section (i) read as follows : (i) “sales tax law” means any law for the time being in force in
any state or part thereof which provides for the levy of taxes on the sale or
purchase of goods generally or on any specified goods expressly mentioned in
that behalf, and “General Sales Tax Law” means the law for the time being in
force in any state or part thereof which provides for the levy of tax on the
sale or purchase of goods generally]
(j)
''turnover'' used in relation to any dealer liable to tax under this Act means
the aggregate of the sale prices received and receivable by him in respect of
sales of any goods in the course of inter-State trade or commerce made during
any prescribed period 12[and
determined in accordance with the provisions of this Act and the rules made
there under;]
[12. Subs. by Act 28 of 1969, Sec. 2, for the words “and determined in
the prescribed manner” (w.e.f 1.10.1958)]
13(ja) ‘works
contract’ means a contract for carrying
out any work which includes assembling, construction, building, altering,
manufacturing, processing, fabricating, erection, installation, fitting out,
improvement, repair or commissioning of any movable or immovable property;
[13. Ins. by Act 35 of 2005, Sec. 89 (c) (w.e.f.1.4.2005)]
(k)
‘‘Year'', in relation to a dealer, means the year applicable in relation to him
under the general sales tax law of the appropriate State, and where there is no
such year applicable, the financial year.
CHAPTER
II
FORMULATION
OF PRINCIPLES FOR DETERMINING WHEN A SALE OR PURCHASE OF GOODS TAKES PLACE IN
THE COURSE OF INTER-STATE TRADE OR COMMERCE OR OUTSIDE A STATE OR IN THE COURSE
OF IMPORT OR EXPORT
3. When is a sale or purchase of goods said to take
place in the course of inter-State trade or commerce:-
A sale or purchase
of goods shall be deemed to take place in the course of inter-State trade or
commerce if the sale or purchase-
a. occasions the
movement of goods from one State to another; or
b. is effected by
a transfer of documents of title to the goods during their movement from one
State to another.
Explanation1. - Where
goods are delivered to a carrier or other bailee for transmission, the movement
of the goods shall, for the purposes of clause (b), be deemed to commence at
the time of such delivery and terminate at the time when delivery is taken from
such carrier or bailee.
Explanation2. -
Where the movement of goods commences and terminates in the same State it shall
not be deemed to be a movement of the goods from one State to another by reason
merely of the fact that in the course of such movement the goods pass through
the territory of any other State.
4. When is
a sale or purchase of goods said to take place outside a State
(1) Subject to the
provisions contained in section 3, when a sale or purchase of goods is
determined in accordance with sub-section (2) to take place inside a State,
such sale or purchase shall be deemed to have taken place outside all other
States.
(2) A sale or
purchase of goods shall be deemed to take place inside a State, if the goods
are within the State-
(a) in the case of
specific or ascertained goods, at the time of the contract of sale is made; and
(b) in the case of
unascertained or future goods, at the time of their appropriation to the
contract of sale by the seller or by the buyer, whether assent of the other
party is prior or subsequent to such appropriation.
Explanation:-
Where there is a single contract of sale or purchase of goods situated at more
places than one, the provisions of this sub-section shall apply as if there
were separate contracts in respect of the goods at each of such places.
5.
When is a sale or purchase of goods said to take place in the course of import
or export
(1)
A
sale or purchase of goods shall be deemed to take place in the course of the
export of the goods out of the territory of India only if the sale or purchase
either occasions such export or is affected by a transfer of documents of title
to the goods after the goods have crossed the customs frontiers of India.
(2)
A
sale or purchase of goods shall be deemed to take place in the course of the
import of the goods into the territory of India only if the sale or purchase
either occasions such import or is effected by a transfer of documents of title
to the goods before the goods have crossed the customs frontiers of India.
14[(3)
Notwithstanding anything contained in sub-section (1), the last sale or
purchase of any goods preceding the sale or purchase occasioning the export of
those goods out of the territory of India shall also be deemed to be in the
course of such export, if such last sale or purchase took place after, and was
for the purpose of complying with, the agreement or order for or in relation to
such export.]
[14.
Inserted by Act 103 of 1976 Sec. 3 (w.e.f. 01.04.1976)].
15[(4) The provisions of sub-section (3)
shall not apply to any sale or purchase of goods unless the dealer selling the
goods furnishes to the prescribed authority in the prescribed manner a
declaration duly filled and signed by the exporter to whom the goods are sold
in a prescribed form obtained from the prescribed authority.]
[15.
Inserted by Act 35 of 2005 Sec. 90 (w.e.f.1.4.2005)].
16[(5) Notwithstanding anything contained
in sub-section (1), if any designated Indian carrier purchases Aviation Turbine
Fuel for the purposes of its international flight, such purchase shall be
deemed to take place in the course of the export of goods out of the territory
of India.
Explanation: For the purposes of this sub-section,
‘designated Indian carrier’ means any carrier which the Central Government may,
by notification in the Official Gazette, specify in this behalf. ]
[16.
Inserted by Act 35 of 2005 Sec. 90 (w.e.f. )].
Chapter III
INTER-STATE Sales TAx
6. Liability to tax on inter-State sales
17[(1) Subject to the other provisions
contained in this Act, every dealer shall, with effect from such 18date as the Central
Government may, by notification in the Official Gazette, appoint, not being
earlier than thirty days from the date of such notification, be liable to pay
tax under this Act on all sales 19[of
goods other than electrical energy] effected by him in the course of
inter-State trade or commerce during any year on and from the date so notified:
20[Provided that a dealer
shall not be liable to pay tax under this Act on any sale of goods which, in
accordance with the provisions of sub-section (3) of section 5 is a sale in the course of export
of those goods out of the territory of India.]
[17.
Section 6 renumbered as sub section (1) of that section by Act 31 of 1958,
sec.5 (w.e.f 1.10.1958)]
[18. 1st
July 1957, vide S.R.O.940-A, dated 26th March 1957, published in the
Gazette of India, extra 1957, Pt.II, sec.3 p.1233/1]
[19.Ins.by
Act 61 of 1972, sec.2 (w.e.f.1.4.1973)]
[20.Ins.by
Act 103 of 1976, sec.4 (w.r.e.f.1.4.1976)]
21[(1A)
A dealer shall be liable to pay tax under this Act on a sale of any
goods effected by him, in the course of inter-State trade or commerce
notwithstanding that no tax would have been leviable (whether on the seller or
the purchaser) under the sales tax law of the appropriate State if that sale
had taken place inside that State.]
[21.Ins.by
Act 28 of 1969, sec.3 (w.e.f.1.10.1958)]
22(2)
Notwithstanding anything contained in sub-section (1) or sub-section (1A),
where a sale of any goods in the course of inter-State trade or commerce has
either occasioned the movement of such goods from one State to another or has
been effected by a transfer of documents of title to such goods during their
movement from one State to another, any subsequent sale during such movement
effected by a transfer of documents of title to such goods,-
(a)
to
the Government, or
(b)
to
a registered dealer other than the Government, if the
goods are of the description referred
to in sub-section
(3) of section 8
shall be exempt from tax under this Act:
Provided that no
such subsequent sale shall be exempt from tax under this sub-section unless the
dealer effecting the sale furnishes to the prescribed authority in the
prescribed manner and within the prescribed time or within such further time as
that authority may, for sufficient cause, permit,-
(a)
a
certificate dully filled and signed by the registered dealer from whom the
goods were purchased containing the prescribed particulars in a prescribed form
obtained from the prescribed authority; and
(b)
If
the subsequent sale is made-
(i)
to
a registered dealer, a declaration referred to in clause (a) of sub-section (4)
of section 8, or
(ii)
to
the Government, not being a registered dealer, a certificate referred to in
clause (b) of sub-section (4) of section 8:
Provided further that it shall not be
necessary to furnish the declaration or the certificate referred to in clause
(b) of the preceding proviso in respect of a subsequent sale of goods if :-
(a) the sale or
purchase of such goods is, under the sales tax law of the appropriate State,
exempt from tax generally or is subject to tax generally at a rate which is
lower than 23[four per
cent] (whether called a tax or fee
or by any other name); and
(b)
the
dealer effecting such subsequent sale proves to the satisfaction of the
authority referred to in the preceding proviso that such sale is of the nature
referred to in clause (a) or clause (b) of this sub-section.
[22.
Subs.by Act 61 of 1972, sec.2, for sub-section (2) (w.e.f.1.4.1973)]
[23. Subs.by
Act 25 of 1975, sec.38, for “three percent” (w.e.f.1.7.1975)]
24[(3) Notwithstanding anything contained in this
Act, no tax under this Act shall be payable by any dealer in respect of sale of
any goods made by such dealer, in the course of inter-State trade or commerce,
to any official, personnel, consular or diplomatic agent of-
(i)
any foreign diplomatic mission or consulate in India; or
(ii)
the United Nations or any other similar international body, entitled to
privileges under any convention or agreement to which India is a party or under
any law for the time being in force, if such official, personnel, consular or
diplomatic agent, as the case may be, has purchased such goods for himself or
for the purposes of such mission, consulate, United Nations or other body.
(4)
The provisions of sub-section (3) shall not apply to the sale of goods made in the course of
inter-State trade or commerce unless the dealer selling such goods furnishes to
the prescribed authority a certificate in the prescribed manner on the
prescribed form duly filled and signed by the official, personnel, consular or
diplomatic agent, as the case may be.]
[24. Subs.by Act 35 of 2005, sec.91(w.e.f ). Sub section (3) was inserted first by Act 32 of 2003, sec.161
(w.e.f.14.5.2003)]
25[6A. Burden of proof, etc., In case of transfer of
goods claimed otherwise than by way of sale
(1) Where any
dealer claims that he is not liable to pay tax under this Act, in respect of
any goods, on the ground that the movement of such goods from one State to
another was occasioned by reason of transfer of such goods by him to any other
place of his business or to his agent or principal, as the case may be and not
by reason of sale, the burden of proving that the movement of those goods was
so occasioned shall be on that dealer and for this purpose he may furnish to
the assessing authority, within the prescribed time or within such further time
as that authority may, for sufficient cause, permit, a declaration, duly filled
and signed by the principal officer of the other place of business, or his
agent or principal, as the case may be, containing the prescribed particulars
in the prescribed form obtained from the prescribed authority, along with the
evidence of dispatch of such goods 26[and
if the dealer fails to furnish such declaration, then, the movement of such
goods shall be deemed for all purposes of this Act to have been occasioned as a
result of sale.]
(2) If the
assessing authority is satisfied after making such inquiry as he may deem
necessary that the particulars contained in the declaration furnished by a
dealer under sub-section (1) are true, he may, at the time of, or at any time
before, the assessment of the tax payable by the dealer under this Act, make an
order to that effect and thereupon the movement of goods to which the
declaration relates shall be deemed for the purposes of this Act to have been
occasioned otherwise than as a result of sale.
Explanation.- In
this section, '' assessing authority'', in relation to a dealer, means the
authority for the time being competent to assess the tax payable by the dealer
under this Act.]
[25.
Ins.by Act 61 of 1972, sec.3 (w.e.f.1.4.1973)]
[26.
Ins.by Act 20 of 2002, sec.151 (w.e.f.13.5.2002)]
7.
Registration of dealers
(1) Every dealer
liable to pay tax under this Act, shall within such time as may be prescribed
for the purpose, make an application for registration under this Act to such
authority in the appropriate State as the Central Government may, by general or
special order, specify, and every such application shall contain such
particulars as may be prescribed.
27[(2)
Any dealer liable to pay tax under the sales tax law of the appropriate State,
or where there is no such law in force in the appropriate State or any part
thereof, any dealer having a place of business in that State or part, as the
case may be, may, notwithstanding that he is not liable to pay tax under this
Act, apply for registration under this Act to the authority referred to in
sub-section (1), and every such application shall contain such particulars as
may be prescribed.
Explanation.- For
the purpose of this sub-section, a dealer shall be deemed to be liable to pay
tax under the sales tax law of the appropriate State notwithstanding that under
such law a sale or purchase made by him is exempt from tax or a refund or
rebate of tax is admissible in respect thereof.]
[27. Subs.by Act 31 of 1958, sec.4, for
sub-section (2) (w.e.f.1.10.1958)]
28[(2A)
Where it appears necessary to the authority to whom an application is made
under sub-section (1) or sub-section (2) so to do for the proper realisation of
the tax payable under this Act or for the proper custody and use of the forms
referred to in clause (a) of the first proviso to sub-section (2) of section 6
or sub-section (1) of section 6A or clause (a) of the sub-section (4) of
section 8, he may, by an order in writing and for reasons to be recorded
therein, impose as a condition for the issue of a certificate of registration a
requirement that the dealer shall furnish in the prescribed manner and within
such time as may be specified in the order such security as may be so
specified, for all or any of the aforesaid purposes.]
[28. Ins.by Act 61 of 1972, sec.4
(w.e.f.1.4.1973)]
(3) If the
authority to whom an application under sub-section (1) or sub-section (2) is
made is satisfied that the application is in conformity with the provisions of
this Act and the rules made thereunder 28A[and
the condition, if any, imposed under sub-section (2A), has been complied with], he shall register the applicant and
grant to him a certificate of registration in the prescribed form which shall
specify the class or classes of goods for the purposes of sub-section (1) of
section 8.
[28A. Ins.by Act 61 of 1972, sec.4 (w.e.f.1.4.1973)]
29[(3A)
Where it appears necessary to the authority granting a certificate of
registration under this section so to do for the proper realisation of tax
payable under this Act or for the proper custody and use of the forms referred
to in sub-section (2A), he may, at any time while such certificate is in force,
by an order in writing and for reasons to be recorded therein, require the
dealer, to whom the certificate has been granted, to furnish within such time
as may be specified in the order and in the prescribed manner such security,
or, if the dealer has already furnished any security in pursuance of an order
under this sub-section or sub-section (2A), such additional security, as may be
specified in the order, for all or any of the aforesaid purposes.]
[29. Ins.by Act 61 of 1972, sec.4
(w.e.f.1.4.1973)]
30[(3B)
No dealer shall be required to furnish any security under sub-section (2A) or
any security or additional security under sub-section (3A) unless he has been
given an opportunity of being heard.
(3BB) The amount of security which a dealer
may be required to furnish under sub-section (2A) or sub-section (3A) or the
aggregate of the amount of such a security and the amount of additional
security which he may be required to furnish under sub-section (3A), by the
authority referred to therein shall not exceed-
(a) in the case of a dealer other than a
dealer who has made an application, or
who has been registered in pursuance of an application, under sub-section (2),
a sum equal to the tax payable under this Act, in accordance with the estimate
of such authority, on the turnover of such dealer for the year in which such
security or, as the case may be, additional security is required to be
furnished,and
(b) in the case of a dealer who has
made an application, or who has been registered in pursuance of an application,
under sub-section (2), a sum equal to the tax leviable under this Act, in
accordance with the estimate of such authority on the sales to such dealer in
the course of inter-State trade or commerce in the year in which such security
or, as the case may be, additional security is required to be furnished, had
such dealer been not registered under this Act.]
[30. Sub
section (3B) Ins.by Act 61 of 1972, sec.4 (w.e.f.1.4.1973) and thereafter sub
section (3B) in the present form and sub section (3BB) were Subs. by Act 103 of
1976, sec.5 (w.e.f.7.9.1976)]
30A[(3C)
Where the security furnished by the dealer under sub-section (2A) or
sub-section (3A) is in the form of a surety bond and the surety becomes
insolvent or dies, the dealer shall, within thirty days of the occurrence of
any of the aforesaid events, inform the authority granting the certificate of
registration and shall within ninety days of such occurrence furnish a fresh
surety bond or furnish in the prescribed manner other security for the amount
of the bond.
(3D) The authority granting the certificate of
registration may by order and for good and sufficient cause forfeit the whole
or any part of the security furnished by a dealer-
(a) for realizing any amount of tax or penalty payable by the dealer,
(b) if the dealer is found to have misused any of the forms referred to
in sub-section (2A) or to have failed to keep them in proper custody:
Provided that no
order shall be passed under this sub-section without giving the dealer an
opportunity of being heard.
(3E) Where by
reason of an order under sub-section (3D), the security furnished by any dealer
is rendered insufficient, he shall make up the deficiency in such manner and
within such time as may be prescribed.
(3F) The authority
issuing the forms referred to in sub-section (2A) may refuse to issue such a
forms to a dealer who has failed to comply with an order under that sub-section
or sub-section (3A), or with the provisions of sub-section (3C) or sub-section
(3E), until the dealer has complied with such order or such provisions as the
case may be.
(3G) The authority
granting a certificate of registration may, on application by the dealer to
whom it has been granted, order the refund of any amount or part thereof
deposited by the dealer by way of security under this section, if it is not
required for the purposes of this Act.
(3H) Any person
aggrieved by an order passed under sub-section (2A), sub-section (3A),
sub-section (3D) or sub-section (3G) may, within thirty days of the service of
the order on him, but after furnishing the security, prefer, in such form and
manner as may be prescribed, an appeal against such order to such authority
(hereinafter in this section referred to as the '' appellate authority'') as
may be prescribed:
Provided that the
appellate authority may, for sufficient cause, permit such person to present
the appeal,-
(a)
after the expiry of the said period of thiry days; or (b) without furnishing the whole or any part of such security.
(3I) The procedure
to be followed in hearing any appeal under sub-section (3H), and the fees
payable in respect of such appeals shall be such as may be prescribed.
(3J) The order
passed by the appellate authority in any appeal under sub-section (3H) shall be
final.]
[30A. Sub sections 3(C) to 3(J) were inserted
by Act 61 of 1979 (w.e.f.1.4.1973)]
31[(4) A
certificate of registration granted under this section may-
(a) either on the
application of the dealer to whom it has been granted or, where no such
application has been made, after due notice to the dealer, be amended by the
authority granting it if he satisfied that by reason of the registered dealer
having changed the name, place or nature of his business or the class or
classes of goods in which he carries on business or for any other reason the
certificate or registration granted to him requires to be amended; or
(b) be cancelled
by the authority granting it where he is satisfied, after due notice to the
dealer to whom it has been granted, that he has ceased to carry on business 32[or has ceased to exist or
has failed without sufficient cause to comply with an order under sub-section
(3A) or with the provisions of sub-section (3C) or sub-section (3E) or has
failed to pay any tax or penalty payable under this Act, or in the case of a
dealer registered under sub-section (2) has ceased to be liable to pay tax
under the sales tax law of the appropriate State or for any other sufficient
reason]].
[31.
Subs.by Act 31 of 1958, sec.4, for sub-section (4) (w.e.f. 1.10.1958)]
[32.
Subs. for words “or has ceased to exist” Ins.by Act 61 of 1972, sec.4
(w.e.f.1.4.1973)]
(5) A registered
dealer may apply in the prescribed manner not latter than six months before the
end of a year to the authority which granted his certificate of registration
for the cancellation of such registration, and the authority shall, unless the
dealer is liable to pay tax under this Act, cancel the registration
accordingly, and where he does so, the cancellation shall take effect from the
end of the year.
8. Rates of tax on sales in the course of inter-State
trade or commerce
33[(1) Every
dealer, who in the course of inter-State trade or commerce
(a)
sells to the
Government any goods; or
(b)
sells to a
registered dealer other than the Government,
goods of
the description referred to in sub-section (3)
33Ashall be
liable to pay tax under this Act, which shall be 33B[four per cent] of his turnover 34[or at the rate applicable to the sale or purchase of
such goods inside the appropriate State under the sales tax law of that State,
whichever is lower].
Provided that the
rate of tax payable under this sub-section by a dealer shall continue to be
four percent, of his turnover, until the rate of two percent takes effect under
this sub-section.]
[33. Subs. by Act 31 of 1958, sec.5, for sub-sections (1) to (4) (w.e.f.
1.10.1958)]
[33A.Subs.by Act 32 of 2003, sec.162, for certain words (w.e.f 14.5.2003)
(see Annexe)
[33B.Subs.by Act 25 of 1975 (w.e.f.1.7.1975)]
[34.Ins.by Act 20 of 2002 (w.e.f.13.5.2002)]
(2) The tax payable by any dealer on his turnover in so
far as the turnover or any part thereof relates to the sale of goods in the
course of inter-State trade or commerce not falling within sub-section (1)-
(a)
in the case of
declared goods, shall be calculated 35(at
twice the rate) applicable to the sale
or purchase of such goods inside the appropriate State 36
(b) in the case of goods other than declared goods, shall
be calculated at the rate of 37(ten
per cent) or at the rate applicable to
the sale or purchase of such goods inside the appropriate State,38 whichever is higher and ;
39[(c) in the case of goods, the sale or, as the
case may be, the purchase of which is, under the sales tax law of the
appropriate State, exempt from tax generally shall be nil,
and for the purpose of making any such calculation under clause(a) or
clause (b), any such dealer shall be
deemed to be a dealer liable to pay tax under the sales tax law of the
appropriate State, notwithstanding that he, if in fact, may not be so liable
under that law.
Explanation: For the purposes of this sub-section, a sale or
purchase of any goods shall not be deemed to be exempt from tax generally under
the sales tax law of the appropriate State if under that law the sale or
purchase of such goods is exempt only in specified circumstances or under
specified conditions or tax is levied on the sale or purchase of such goods at
specified stages or otherwise than with reference to the turnover of the goods.]
[35.Subs.by Act 25 of 1975, sec.38, for “at the rate” (w.e.f.1.7.1975)]
[36.The word “and” omitted by Act 20 of 2002, sec.152]
[37.Subs.by Act 8 of 1963, sec.2, for “seven percent” (w.e.f.1.4.1963)]
[38.Subs.by Act 20 of 2002, sec.152, for “whichever is higher” (w.e.f
13.5.2002)]
[39.Subs.by Act 20 of 2002, sec.152, for the portion “and for the
purpose of making any such calculation any such dealer shall be deemed to be a
dealer liable to pay tax under the sales tax law of the appropriate sate,
notwithstanding that he, in fact, may not be so liable under that law”]
40(2A)
[40.Sub section (2A) omitted by Act 20 of 2002, sec.152. The previous Sec.2(A) read as follows :-
“(2A) Notwithstanding anything contained in sub section (1A) of Sec.6 or Sub
Section (1) or clause (b) of sub section (2) of this section, the tax payable
under this act by a dealer on his turnover in so far as the turnover or any
part thereof relates to the sale of any goods, the sale or, as the case may be,
the purchase of which is, under the sales tax law of the appropriate state,
exempt from tax generally or subject to tax generally at a rate which is lower
than 4% whether called a tax or fee or by any other name, shall be nil, or as
the case may be, shall be calculated at the lower rate.
Explanation : for the purpose of this sub section, a sale or purchase of
any goods shall not be deemed to be exempt from tax generally under the sales
tax law of the appropriate state if under that law the sale or purchase of such
goods is exempt only in specified circumstances or under specified conditions
or the tax is levied on the sale or purchase of such goods at specified stages
or otherwise than with reference to the turnover of the goods.]
(3) The goods referred to in clause (b) of
sub-section (1)-
41Omitted
42are goods
of the class or classes specified in the certificate of registration of the
registered dealer purchasing the goods as being intended for re-sale by him or
subject to any rules made by the Central Government in this behalf, for use by
him in the manufacture or processing of goods for sale or 43[in the telecommunications network or] in mining or in
generation or distribution of electricity or any other form of power.
are containers
or other materials specified in the certificate of registration of the
registered dealer purchasing the goods, being
containers or materials intended for being used for the packing of goods for
sale;
are containers
or other materials used for the packing of any goods or classes of goods
specified in the certificate of
registration referred to in clause (b) or for the packing of any
containers or other materials specified in the certificate of registration referred to in clause(c).
[41.Clause (a) omitted by Act 8 of 1963, sec.2 (w.e.f.1.4.1963)]
[42.The words “in the case of goods others than declared goods” omitted
by Act 8 of 1963, sec.2 (w.e.f.1.4.1963)]
[43.Ins.by Act 20 of 2002, sec.152 (w.e.f.13.5.2002)]
[Note: Sub section (3) was Subs. by Act No.31 of 1958. By Act No.8 of 1963, sec.2 (w.e.f 1.4.1963)
clause (a) was omitted and in clause (b), the words “in the case of goods other
than declared goods” were omitted. In
clause (d) the words “clause (a) or” were omitted.]
44(4) The provisions of sub-section (1) shall not apply
to any sale in the course of inter-State trade or commerce unless the dealer
selling the goods furnishes to the prescribed authority in the prescribed
manner-
(a)
a declaration
duly filled and signed by the registered dealer to whom the goods are sold
containing the prescribed particulars in
the prescribed form obtained from the prescribed authority; or
(b)
if the goods are
sold to the Government, not being a registered dealer, a certificate in the
prescribed form duly filled and signed by a duly authorised officer of the
Government.
[44.Subs. by Act 31 of 1958 (w.e.f 1.10.1958)]
45 [Provided that the declaration referred to in clause
(a) is furnished within the prescribed time or within such further time as that
authority may, for sufficient cause, permit.]
[45.Ins.by Act 61 of 1972, sec.5 (w.e.f 1.4.1973)]
46 [(5)
Notwithstanding anything contained in
this section, the State Government may],
47[on the fulfilment of
the requirements laid down in sub-section(4) by the dealer] if it is satisfied that it is necessary so to do in the public
interest, by notification in the Official Gazette, and subject to such
conditions as may be specified therein direct-
(a)
that no tax
under this Act shall be payable by any dealer having his place of business in
the State in respect of the sales by him, in the course of inter-State trade or
commerce, 48[to a
registered dealer or the Government] from any such place of business of any such
goods or classes of goods as may be specified in the notification, or that the
tax on such sales shall be calculated at such lower rates than those specified
in sub-section (1) or sub-section (2) as may be mentioned in the notification;
(b)
that in respect
of all sales of goods or sales of such classes of goods as may be specified in
the notification, which are made, in the course of inter-State trade or
commerce, 49[to a
registered dealer or the Government]
by any dealer having his place of business in the State or by any class of such
dealers as may be specified in the notification to any person or to such class
of persons as may be specified in the notification, no tax under this Act shall
be payable or the tax on such sales shall be calculated at such lower rates
than those specified in sub-section (1) or sub-section (2) as may be mentioned
in the notification.
[46. Subs.by Act 61 of 1972, sec.5, for sub section (5) (w.e.f
1.4.1973)]
[47. The
bracketed words inserted by Act No.20 of 2002 (w.e.f.13.5.2002)]
[48. The
bracketed words inserted by Act No.20 of 2002 (w.e.f.13.5.2002)]
[49. The
bracketed words inserted by Act No.20 of 2002 (w.e.f.13.5.2002)]
50 [(6)
Notwithstanding anything contained in this section, no tax under this Act shall
be payable by any dealer in respect of sale of any goods made by such dealer,
in the course of inter-State trade or commerce to a registered dealer for the
purpose of setting up operation, maintenance, manufacture, trading, production,
processing, assembling, repairing, reconditioning, re-engineering, packaging or
for use as packing material or packing
accessories in an unit located in any special economic zone or for development,
operation and maintenance of Special Economic zone by the developer of the
Special Economic zone, if such registered dealer has been authorised to
establish such unit or to develop, operate and maintain such Special Economic
Zone by the authority specified by the Central Government in this behalf.]
[50.Subs.by Act 23 of 2004, sec.118, for Notwithstanding anything
contained in this section, no tax under this Act shall be payable by any dealer
in respect of sale of any goods made by such dealer, in the course of
inter-State trade or commerce to a registered dealer for the purpose of
manufacture, production, processing, assembling, repairing, reconditioning,
re-engineering, packaging or for use as
trading or packing material or packing accessories in an unit located in
any special economic zone, if such registered dealer has been authorised to
establish such unit by the authority specified by the Central Government in
this behalf.]
(7) The goods referred to in
sub-section (6) shall be the goods of such class or classes of goods as
specified in the certificate of registration of the registered dealer referred
to in that sub-section.
(8) The provisions of sub-sections (6) and (7) shall not apply to any
sale of goods made in the course of inter-State trade or commerce unless the
dealer selling such goods furnishes to the 51[prescribed
authority referred to in sub-section (4), a declaration in the prescribed
manner on the prescribed form obtained from the authority specified by Central
Government under sub-section (6)], duly filled in and signed by the registered
dealer to whom such goods are sold.
Explanation.- For the purpose of sub-section (6), the expression "special
economic zone" has the meaning assigned to it in clause (iii) to
Explanation 2 to the proviso to section 3 of the Central Excise Act, 1944.
[51. Subs. by Sec.108(b) of Act 23 of 2004 for
“authority referred in sub section (6), a declaration in the prescribed manner
on the prescribed form obtained from the authority referred to in sub section
(5) (w.e.f.10.9.2004)]
52 [8A. Determination of turnover
(1)
In determining
the turnover of a dealer for the purpose of this Act, the following deductions
shall be made from the aggregate of the sale prices, namely:-
(a) the amount
arrived at by applying the following formula-
rate of tax X aggregate of sale
prices
100 + rate of tax
Provided that no
deduction on the basis of the above formula shall be made if the amount by way
of tax collected by a registered dealer, in accordance with the provisions of
this Act, has been otherwise deducted from the aggregate of sale prices.
Explanation.-
Where the turnover of a dealer is taxable at different rates, the aforesaid
formula shall be applied separately in respect of each part of the turnover
liable to a different rate of tax;
(b) the sale price of all goods returned to the dealer by the purchasers of such goods,-
(b) the sale price of all goods returned to the dealer by the purchasers of such goods,-
(i)
within a period
of three months from the date of delivery of the goods, in the case of goods
returned before the 14th day of May, 1966;
(ii)
within a period
of six months from the date of delivery of the goods, in the case of goods
returned on or after the 14th day of May, 1966:
Provided that satisfactory
evidence of such return of goods and of refund or adjustment in accounts of the
sale price thereof is produced before the authority competent to assess or, as
the case may be, re-assess the tax payable by the dealer under this Act; and
(c) such other
deductions as the Central Government may, having regard to the prevalent market
conditions, facility of trade and interests of consumers, prescribe.
(2) Save as
otherwise provided in sub-section (1), in determining the turnover of a dealer
for the purposes of this Act, no deduction shall be made from the aggregate of
the sale prices.]
[52. Ins.by Act
28 of 1969, sec.5 (w.e.f.5.1.1957)]
53 9. Levy and collection of tax and penalties
(1) The tax
payable by any dealer under this Act on sales of goods effected by him in the
course of inter-State trade or commerce, whether such sales fall within clause
(a) or clause (b) of section 3, shall be levied by the Government of India and
the tax so levied shall be collected by the Government in accordance with the
provisions of sub-section (2), in the State from which the movement of the
goods commenced.
54&55 [Provided that, in the case of a sale of goods during
their movement from one State to another, being a sale subsequent to the first
sale in respect of the same goods and being also a sale which does not fall
within sub-section (2) of section 6, the tax shall be levied and collected
(a)
where such
subsequent sale has been effected by a registered dealer, in the State from
which the registered dealer obtained or, as the case may be, could have
obtained, the form prescribed for the purposes of clause (a) of sub-section (4)
of section 8 in connection with the purchase of such goods, and,
(b)
where such
subsequent sale has been effected by an unregistered dealer in the State from
which such subsequent sale has been effected.]
[53. Subs.by Act
31 of 1958, Sec.6 and again Subs.by Act 28 of 1969, Sec.6 (w.e.f.5.1.1957)]
[54&55. Subs.by Act 103 of 1976, sec.6, for the
proviso (w.e.f.7.9.1976)]
(2) Subject to the
other provisions of this Act and the rules made thereunder, the authorities for
the time being empowered to assess, re-assess, collect and enforce payment of
any tax under general sales tax law of the appropriate State shall, on behalf
of the Government of India, assess, re-assess, collect and enforce payment of
tax, including any 56
interest or penalty], payable by a dealer under this Act as if the tax or 57[interest or penalty]
payable by such a dealer under this Act is a tax or 58[interest or penalty] payable under general sales tax
law of the State; and for this purpose they may exercise all or any of the
powers they have under the general sales tax law of the State; and the
provisions of such law, including provisions relating to returns, provisional
assessment, advance payment of tax registration of the transferee of any
business, imposition of the tax liability of a person carrying on business on
the transferee of, or successor to, such business, transfer of liability of any
firm or Hindu undivided family to pay tax in the event of the dissolution of
such firm or partition of such family, recovery of tax from third parties,
appeals, reviews, revisions, references, 59[refunds,
rebates, penalties], 60[charging
or payment of interest], compounding of offences and treatment of documents
furnished by a dealer as confidential, shall apply accordingly:
Provided that if
in any State or part thereof there is no general sales tax law in force, the
Central Government may, by rules made in this behalf make necessary provisions
for all or any of the matters specified in this sub-section.
[56. Subs.by Act
10 of 2000, sec.119, for penalty (w.e.f.12.5.2000)]
[57. Subs.by Act
10 of 2000, sec.119, for penalty (w.e.f.12.5.2000)]
[58. Subs.by Act
10 of 2000, sec.119, for penalty (w.e.f.12.5.2000)]
[59. Subs.by Act
61 of 1972, sec.6, for “refunds, penalties” (w.e.f.1.4.1973]
[60. Ins.by Act
103 of 1976, sec.6 (retrospectively)]
61 [(2A) All the 62[provisions
relating to offences, interest and penalties] (including provisions relating to
penalties in lieu of prosecution for an offence or in addition to the penalties
or punishments for an offence but excluding the provisions relating to matters
provided for in section 10 and 10A) of the general sales tax law of each State
shall, with necessary modifications, apply in relation to the assessment,
re-assessment, collection and the enforcement of payment of any tax required to
be collected under this Act in such State or in relation to any processes
connected with such assessment, re-assessment, collection or enforcement of
payment as if the tax under this Act were a tax under such sales tax law.]
[61. Ins.by Act
103 of 1976, sec.6 (retrospectively)]
[62. Subs.by Act
10 of 2000, sec.119, for “provisions relating to offences and penalties” (w.e.f.
12.5.2000)]
63 [(2B) If the tax
payable by any dealer under this Act is not paid in time, the dealer shall be
liable to pay interest for delayed payment of such tax and all the provisions
for delayed payment of such tax and all the provisions relating to due date for
payment of tax, rate of interest for delayed payment of tax, of the general
sales tax law of each state, shall apply in relation to due date for payment of
tax, rate of interest for delayed payment of tax, and assessment and collection
of interest for delayed payment of tax under this Act in such states as if the
tax and the interest payable under this Act were a tax and an interest under
such sales tax law.]
[63. Ins.by Act
10 of 2000, sec.119 (w.e.f.12.5.2000)]
(3) The proceeds
in any financial year of any tax, 64[including
any interest or penalty] including any penalty, levied and collected under this
Act in any State (other than a Union Territory) on behalf of the Government of
India shall be assigned to that State and shall be retained by it; and the
proceeds attributes to Union Territories shall form part of the Consolidated
Funds of India.
[64. Subs. by
Act 10 of 2000, sec.119, for “including any penalty” (w.e.f.12.5.2000)]
65Validation
of Section 9
(1)
The provisions of
Section 9 of the Central Sales Tax’1956 (hereafter in this section referred to
as the Central Sales Tax Act) shall have effect, and shall be deemed always to
have had effect, as if that section also provided –
(a) That all the provisions relating to interest of the
general sales tax law of each state shall, with necessary modifications, apply
in relation to –
(i)
the assessment,
re-assessment, collection and enforcement of payment of any tax required to be
collected under the Central Sales Tax Act, in such State; and
(ii)
any process
connected with such assessment, re-assessment, collection or enforcement of
payment; and
(b) that for the purpose of the application of the
provisions of such law, the tax under the Central Sales Tax Act shall be deemed
to be tax under such law.
(2)
Notwithstanding
anything contained in any judgment, decree or order of any court, tribunal or
other authority, general sales tax law of any State imposed or purporting to
have been imposed in pursuance of the provisions of Section 9 of the Central
Sales Tax Act, and all proceedings, acts or things taken or done for the
purposes of, or in relation to the imposition or collection of such interest,
before the commencement of this section, shall for all purposes, be deemed to
be and to have always been imposed, taken or done as validly and effectively as
if the provisions of sub-section (1) had been in force when such interest was
imposed or proceedings or acts or things were taken or done and, accordingly;
(a)
no suit or other
proceedings shall be maintained or continued in, or before, any court, tribunal
or other authority for the refund of any amount received or realized by way of
such interest;
(b)
no court,
tribunal or other authority shall enforce any decree or order directing the
refund of any amount received or realized by way of such interest;
(c)
where any amount
which had been received or realized by way of such interest is refunded before
the date on which the Finance Act’2000 receives the assent of the President and
such refund would not have been allowed if the provisions of sub-section (1)
had been in force on the date on which the order for such refund was passed,
the amount so refunded may be recovered as an arrear of tax under the Central
Sales Tax Act;
(d)
any proceeding,
act or thing which could have been validly taken, continued or done for the
imposition of collection of such interest at any time before the commencement
of this section if the provisions of sub-section (1) had then been in force but
which had not been taken, continued or done, may after such commencement, be
taken, continued or done.
(3)
Nothing in
sub-section (2) shall be construed as preventing any person
(a)
from questioning
the imposition or collection of any interest or any proceedings, act or thing
in connection therewith; or
(b)
from claiming any
refund,
in accordance with
the provisions of the Central Sales Tax Act, read with sub-section (1).
Explanation :- For
this purposes of this section, “general sales tax law” shall have the same
meaning assigned to it in the Central Sales Tax Act.
(65.Validation by
section 120 of Act 10 of 2000, dt.12/5/2000)
66 9A. Collection of
tax to be only by registered dealers
No person who is
not a registered dealer shall collect in respect of any sale by him of goods in
the course of inter-State trade or commerce any amount by way of tax under this
Act, and no registered dealer shall make any such collection except in
accordance with this Act and the rules made there under.
[66.Ins.by Act
31 of 1958, sec.6 (w.e.f.1.10.1958)]
67 9B. Rounding
off of tax, etc.
The amount of tax,
interest, penalty, fine or any other sum payable, and the amount of refund due,
under the provisions of this Act shall be rounded off to the nearest rupee and,
for this purpose, where such amount contains a part of a rupee consisting of
paise, then, if such part is fifty paise or more, it shall be increased to one
rupee and if such part is less than fifty paise it shall be ignored.
Provided that
nothing in this section shall apply for the purpose of collection by a dealer
of any amount by way of tax under this Act in respect of any sale by him of
goods in the course of inter-State trade or commerce.
[67. Ins.by Act
61 of 1972 (w.e.f.1.4.1973)]
10.
Penalties
If
any person-
68 [(a) furnishes a certificate or
declaration under sub-section (2) of section 6 or sub-section (1) of section 6A
or sub-section (4) 69[or
sub-section (8)] of section 8, which
he knows, or has reason to believe, to be false; or
(aa)
fails to get himself registered as required by section 7 or fails to comply
with an order under sub-section (3A) or with the requirements of sub-section
(3C) or sub-section (3E), of that section,]
(b)
being a registered dealer, falsely represents when purchasing any class of
goods that goods of such a class are covered by his certificate of
registration, or
(c)
not being a registered dealer, falsely represents when purchasing goods in the
course of inter-State trade or commerce that he is a registered dealer; or
(d) after purchasing any goods for any of the
purposes specified in 70clause
(b) or clause(c) or clause (d) of sub-section (3) 71[or sub-section (6)] of section 8 fails, without reasonable excuse to make use of the
goods for any such purpose,
(e)
has in his possession any form prescribed for the purpose of sub-section (4) 72[or sub-section (8)]of section 8 which has not been
obtained by him or by his principal or by his agent in accordance with the
provisions of this Act or any rules made there under:
73 [(f) collects any amount by way of tax in
contravention of the provisions contained in section 9A,]
he
shall be punishable with simple imprisonment which may extend to six months or
with fine or with both, and when the offence is a continuing offence, with a
daily fine which may extend to fifty rupees for every day during which the
offence continues.
[68.Subs.by Act
61 of 1972, sec.8, for clause (a) w.e.f. 1.4.1973]
[69.Ins.by Act
20 of 2002, sec.153 ]
[70.Subs.by Act
61 of 1972, sec.8, for “clause(b)” (w.e.f.1.4.1973)]
[71.Ins.by Act
20 of 2002, sec.153]
[72.Ins.by Act
20 of 2002, sec.153]
[73.Ins.by Act
31 of 1958, sec.8, (w.e.f. 1.10.1958)]
74 10A. Imposition of penalty in lieu of prosecution
75 [(1) If any person purchasing goods is
guilty of an offence under clause (b) or clause (c) or clause(d) of section 10,
the authority who granted to him or, as the case may be, is competent to grant
to him a certificate of registration under this Act may, after giving him a
reasonable opportunity of being heard, by order in writing, impose upon him by
way of penalty a sum not exceeding one and a half times 76 [the tax which would have been levied under
sub-section (2) of section 8 in respect of the sale to him of the goods, if the
sale had been a sale falling within that sub-section.]
Provided
that no prosecution for an offence under section 10 shall be instituted in
respect of the same facts on which a penalty has been imposed under this
section.]
(2)77[The penalty imposed upon
any dealer under sub-section (1) shall be collected by the Government of India
in the manner provided in sub-section (2) of section 9-
(a)
in the case of an offence falling under clause (b) or clause (d) of section 10,
in the State in which the person purchasing the goods obtained the form
prescribed for the purposes of clause (a) of sub-section (4) of section 8 in
connection with the purchase of such goods,
(b) in the case of an offence falling under clause (c) of section 10, in the State in which the person purchasing the goods should have registered himself if the offence had not been committed.]
(b) in the case of an offence falling under clause (c) of section 10, in the State in which the person purchasing the goods should have registered himself if the offence had not been committed.]
[75.Sec.10A
renumbered as sub section (1) of that section by Act 28 of 1969, sec.7
(w.e.f.1.10.1958)]
[76.Subs.by Act
61 of 1972, Sec.9, for “ the tax would have been levied under this Act in
respect of the sale to him of the goods if the offence has not been
committed”(w.e.f.1.4.1973)]
[77.Ins.by Act
28 of 1969, sec.7 (w.e.f.1.10.1958)]
11.
Cognizance of offences
(1) No court shall
take cognizance of any offence punishable under the Act or the rules made
thereunder except with the previous sanction of the Government within the local
limits of whose jurisdiction the offence has been committed or such officer of
that Government as it may, by general or special order, specify in this behalf;
and no court inferior to that of a presidency magistrate or a magistrate of the
first class shall try any such offence.
(2) All offences
punishable under this Act shall be cognizable and bailable.
12.
Indemnity
No suit,
prosecution or other legal proceeding shall lie against any officer of
Government for any-thing which is in good faith done or intended to be done
under this Act or the rules made thereunder.
13. Power to
make rules
(1)
The
Central Government may, by notification in the Official Gazette, make rules
providing for-
(a)
the
manner in which applications for registration may be made under this Act, the
particulars to be contained therein, the procedure for the grant of such
registration, the circumstances in which registration may be refused and the
form in which the certificate of registration may be given;
78(aa) The manner of determination of the sale price
and the deductions from the total consideration for a works contract under the
proviso to clause (h) of section2;
79[80(ab) the form and the manner for furnishing declaration under sub-section (8) of section 8; ]
(b) the period
of turnover, the manner in which the turnover in relation to the sale of any
goods under this Act shall be determined, and the deductions which may be made 81[under clause (c) of
sub-section (1) of section 8A] in the process of such determination;
(c) the cases and
circumstances in which, and the conditions subject to which, any registration
granted under this Act may be cancelled;
82 [(d) the form in
which and the particulars to be contained in any declaration or certificate to
be given under this Act, 83[the
State of origin of such form or
certificate and the time within which any such certificate or declaration shall
be produced or furnished]
(e)the
enumeration of goods or class of goods used in the manufacture or processing of
goods for sale or in mining or in the generation or distribution of electricity
or any other form of power;
(f)the matters
in respect of which provisions may be made under the proviso to 84[sub-section (2)] of
section 9;
(g)the fees
payable in respect of applications under this Act.
85 [(h)the proper
functioning of the authority constituted under Section 19.
(i)the salaries
and allowances payable to , and the terms and conditions of service of, the
Chairman and Members under sub-section (3) of section 19.
(j) any other
matter as may be prescribed.]
86 [(2) Every rule made by the
Central Government under sub-section (1) shall be laid as soon as may be after
it is made, before each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session immediately
following the sessions or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.]
(3)The State Government may
make rules, not inconsistent with the provisions of this Act and the rules made
under sub-section (1), to carry out the purposes of this Act.
(4)In particular and without
prejudice to the powers conferred by sub-section (3), the State Government may
make rules for all or any of the following purposes namely:-
(a)
the publication of lists of registered dealers, of the amendments made in
such lists from time to time, and the particulars to be contained in such lists;
87 [(aa) the manner of
determination of the sale price and the deductions from the total consideration for
a works contract under the proviso to
clause (h) of section 2;”.
88 (ab) the
manner in which security may be furnished under sub-section (2A) or sub-section
(3A) or sub-section (3C) of section 7 and the manner in which and the time
within which any deficiency may be made up under sub-section (3E) of that
section;]
(b)
the form and manner in which accounts relating to sales in the course of
inter-State trade or commerce shall be kept by registered dealers;
(c)
the furnishing of any information relating to the stocks of goods of,
purchase, sales and deliveries of books by any dealer or any other information
relating to his business as may be necessary for the purposes of this Act;
(d)
the inspection of any books, accounts or documents required to be kept
under this Act, the entry into any premises at all reasonable time for the
purposes of searching for any such books, accounts or documents kept or
suspected to be kept in such premises and the seizure of such books, accounts
or documents;
89[(e) the authority from
whom, the conditions subject to which and the fees subject to payment of which
any form of certificate prescribed under clause (a) of the first proviso to
sub-section (2) of section 6 or of declaration prescribed under sub-section (1)
of section 6A or sub-section (4) of section 8 may be obtained, the manner in
which such forms shall be kept in custody and records relating thereto
maintained and the manner in which any such form may be used and any such
certificate or declaration may be furnished;
(ee) the form and manner in which, and the authority to whom, an appeal
may be preferred under sub-section (3H) of section 7, the procedure to be
followed in hearing such appeals and
the fees payable in respect of such appeals;]
(e)
in the case of an undivided Hindu family, association, club, society,
firm or company or in the case of a person who carries on business as guardian
or trustee or otherwise on behalf of another person, the furnishing of a
declaration stating the name of the person who shall be deemed to be the
manager in relation to the business of the dealer in the State and the form in
which such declaration may be given,
(f)
the time within which, the manner in which and the 90 [authorities to whom]
any change in the ownership of any business or in 91 [the
name, place, or nature] of any business carried on by any dealer shall be
furnished.
(5) In making any rule under
this section 92 [the Central Government, or, as the case may
be, the State Government] may direct that a breach thereof shall be punishable
with fine which may extend to five hundred rupees and when the offence is a
continuing offence, with a daily fine which may extend to fifty rupees for
every day during which the offence continues.
[78.Previous clause (aa) shall be relettered as clause (ab) and before
clause (ab) as so relettered, clause (aa) inserted by Act 35 of 2005, sec.92
(w.e.f ) Previous clause
(aa) of Sec.13(1) is read as follows : “The manner in which security may be
furnished under sub section (2A) or sub section (3A) or sub section (3C) or
section (7) and the manner in which and the time within which any deficiency
may be made up under sub section (3E) of that section”.]
[79.Previous
clause (aa) relettered as clause (ab) and before clause (ab) as so relettered,
clause (aa) inserted by Act 35 of 2005, sec.92 (w.e.f )
[80.Ins.by Act 20 of 2002, Sec.154 as clause (aa)]
[81.Ins.by Act 61 of 1972, sec.10(w.e.f. 1.4.1973)]
[82.Subs.by Act 31 of 1958, Sec.9, for clause (d) (w.e.f 1.10.1958)]
[83.Ins.by Act 61 of 1972, sec.10 (w.e.f.1.4.1973)]
[84.Subs.by Act 28 of 1969, Sec.8, for “sub-section (3)
“(retrospectively)]
[85.Ins.by Act 41 of 2001, sec.2]
[86.Subs.by Act 61 of 1972, Sec.10, for sub section (2) (w.e.f.1.4.73)]
[87.Previous clause (aa) relettered as the present clause (aa) and the
present clause (aa) inserted by sec.92 of Act 35 of 2005]
[88.Previous clause (aa) relettered as the present clause (aa) and the
present clause (aa) inserted by sec.92 of Act 35 of 2005]
[89.Subs.by Act 61 of 1972, sec.10, for clause (c) (w.e.f.1.4.1973).
[90.Subs.by Act 31 of 1958, sec.9, for “the authorities to which”
(w.e.f.1.10.1958)]
[91.By Act 31 of 1953, sec.9, for “the nature” (w.e.f 1.10.1958)]
[92.By Act 61 of
1972, sec.10, for “the State Government” (w.e.f.1.4.1973)]
CHAPTER
IV
GOODS
OF SPECIAL IMPORTANCE IN INTER-STATE TRADE OR COMMERCE.
14.
Certain goods to be of special importance in Inter-State trade or commerce.-
It is hereby
declared that the following goods are of special importance in inter-State
trade or commerce:-
93 [(i)
cereals, that is to say .-(i) paddy (Oryza sativa L);
(ii) rice (Oryza sativa L.);
(iii) wheat (Triticum vulgare, T.compactum, T.sphaerococcum. T. durum, T. aestivum L.T. discoccum);
(iv) jowar or milo (Sorghum vulgare pers);
(v) bajara (Pennisetum typhoideum L.);
(vi) maize (Zea malys D.);
(vii) ragi (Eleusine coracana Gaertn.);
(viii) kodon (Paspalum scrobiculatum L.);
(ix) kutki (Panicum miliare L.);
(x) barely (Hordeum vulgare L.); ]
94[95(ia)] coal, including coak in all its forms, but
excluding char-coal:
Provided that during the period commencing on the 23rd day of February, 1967 and ending with the date of commencement of section 11 of the Central Sales Tax (Amendment) Act, 1972, this clause shall have effect subject to the modification that the words ''but excluding char-coal'' shall be omitted;]
Provided that during the period commencing on the 23rd day of February, 1967 and ending with the date of commencement of section 11 of the Central Sales Tax (Amendment) Act, 1972, this clause shall have effect subject to the modification that the words ''but excluding char-coal'' shall be omitted;]
(ii) cotton, that
is to say, all kinds of cotton (indigenous or imported in its unmanufactured
state, whether ginned or unginned baled pressed or otherwise, but not including
cotton waste:;
96
(iia) cotton fabrics covered under heading Nos. 52.05, 52.06, 52.07,
52.08,52.09, 52.10, 52.11, 52.12, 58.01, 58.02, 58.03, 58.04, 58.05, 97 [58.06], 59.01, 59.03,
59.05, 59.06 and 60.01 of the Schedule to the Central Excise Tariff Act, 1985;
98 [(iib) cotton yarn but not including
cotton yarn waste;]
99 [(iic) crude oil, that is to say, crude
petroleum oils and crude oils obtained from bituminous minerals ( such as
shale, calcareous rock, sand), whatever their composition, whether obtained
from normal or condensation oil-deposits or by the destructive distillation of
bituminous minerals and whether or not subject to all or any of the following
processes:-
(1)
decentration;
(2)
de-salting;
(3)
dehydration;
(4) stabilisation in order to normalise the
vapour pressure,
(5) elimination of very light fractions with a view
to returning them to the oil-deposits in order to improve the drainage and
maintain the pressure;
(6)
the addition of only those hydrocarbons
previously recovered by physical methods during the course of above-mentioned
processes;
(7)
any other minor process (including
addition of pour point depressants or flow improves) which does not change the
essential character of the substance; ]
100 [(iid)
Aviation Turbine fuel sold to a Turbo-Prop Aircraft.
Explanation : For
the purposes of this clause, “Turbo-Prop Aircraft” means an aircraft deriving
thrust, mainly from propeller, which may be driven by either turbine engine or
piston engine.]
(iii) hides and
skins, whether in a raw or dressed state;
101 [(iv) Iron and steel i.e. to say:-
(i)
102 [pig
iron sponge iron and] cast iron
including 103[ingot
moulds, bottom plates], iron scrap, cast iron scrap, runner scrap and iron
skull scrap;
(ii) steel semis
(ingots, slabs, blooms and billets of all qualities, shapes and sizes);
(iii) skelp
bars, tin bars, sheet bars, hoe-bars and sleeper bars;
(iv) steel bars
(rounds, rods, squares, flats, octagons and hexagons,
plain and ribbed or twisted, in coil form as well as straight lengths);
(v) steel
structural (angles, joists, channels, tees, sheet, pilling section, Z sections or any other rolled sections);
(vi) sheets,
hoops, strips and skelp, both black and galvanised, hot and cold rolled, plain
and corrugated in all qualities, in straight lengths and in coil form, as
rolled and in rivetted condition;
(vii) plates
both plain and chequered in all qualities;
(viii) discs,
rings, forgings and steel castings;
(ix) tool,
alloy and special steels of any of the above categories;
(x) steel melting scrap in all forms including steel
skull, turnings and borings;
(xi) steel tubes both welded and seamless, of all diameters
and lengths including tube fittings;
(xii)tin-plates, both hot dipped and electrolytic and
tin-free plates;
(xiii)
fish plates bars,
bearing plates bars, crossing sleeper bars, fish plates, bearing plates,
crossing sleepers and pressed steel sleepers, rails-heavy and light crane
rails;
(xiv) wheels, tyres, axels and wheels sets;
(XV) wire rods and wire-rolled, drawn,
galvanised, aluminised, tinned or coated such as by copper;
(xvi)
defectives, rejects, cuttings or end pieces of any of the above
categories; ]
104
[(v) jute,
that is to say, the fibre extracted from plants belonging to the species
corchorus capsularies, and Corchorus olitorius and the fibre known as mesta or
bimli extracted from plants of the species Hibiscus cannabinus and Hibiscus
sabdariffa- Varaltissima and the fibre known as Summ or Sunn-hemp extracted
from plants of the species Crotalaria Juncea whether baled or otherwise; ]
104A(va) Liquified Patroleum Gas for domestic use
105 (vi) Oilseeds,
that is to say:-
(i) Groundnut or peanut (Arachis hypogaea);
(ii) Sesamum or Til (Sesamum orientale);
(iii) Cotton seed (Gossypium Spp);
(iv) Soyabean (Glycine seja);
(v) Rapseed and Mustared
1. Torta (Brassica campestris var toria);
2. Rai (Brassica juncea);
3. Jamba-Taramira(Eruca Saatiya);
4. Sarson, yellow and brown (Brassica campestris var
sarson);
5.
Banarsi Rai or
True Mustured (Brassica nigra);
(vi) Linseed (Linum usitatissimum);
(vii)
Castor (Ricinus communis);
(viii)Coconut
(i.e. Copra excluding tender coconuts)
(Cocosnucifers);
(ix)
Sunflower (Helianthus annus);
(x)
Nigar seed (Guizotia abyssinica);
(xi)
Neem, vepa (Azadirachta indica);
(xii) Mahua, illupai, Ippe (Medhuca indica M.
Latifolia, Bassia, Latifolia and Madhuca
longifolia syn. M. Longifolia);
(xiii)
Karanja; Pongam, Honga (Pongamia pinnata syn.P. Glabra);
(xiv)
Kusum (Schleichera oleosa, syn S. Trijuga);
(xv)
Punna, Undi (Calophyllum inophyllum);
(xvi)
Kokum (Carcinia indica);
(xvii)
Sal (Shorea robusta);
(xviii)
Tung (Aleurites fordii and A.montanna)
(xix)
Red palm (Elaeis guinensis);
(xx)
Safflower (Carthanus tincotorius);
106 (via) pulses, that is to say:-
(i)
gram or gulab (Cicerarietinum L.); 106 (via) pulses, that is to say:-
(ii) tur or arhar (Cajanus cajan);
(iii) moong or green gram (Phaseolus aureus);
(iv) masuri or lentil (Lens esculenta Moench, Lens culinaris Mdeic);
(v) urad or black gram (Phaseolus mungo);
(vi) moth (Phaseolus aconitifolius Jacq);
(vii) lakh or khesari (Lathyrus sativus L.);
107
(vii) man-made fabrics
covered under heading Nos. 54.08, 54.09, 54.10, 54.11, 54.12, 55.07,
55.08, 55.09, 55.10, 55.11, 55.12, 58.01, 58.02, 58.03, 58.04, 58.05, [58.06]108, 59.01, 59.02, 59.03,
59.05, 59.06 and 60.01 of the Schedule to the Central Excise Tariff Act, 1985;
( 5 of 1986)
(viii) sugar
covered under sub-heading Nos. 1701.20, 1701.31, 1701.39 and 1702.11 of the
Schedule to the Central Excise Tariff Act, 1985; (5 of 1986)
(ix)
unmanufactured tobacco and tobacco refuse covered under sub-heading No.
2401.00, cigars and cheroots of tobacco covered under heading No.24.02,
cigarette and cigarillos of tobacco covered under sub heading Nos. 2403.11 and
2403.21 and other manufactured tobacco covered under sub-heading Nos. 2404.11,
2404.12, 2404.13, 2404.19, 2404.21, 2404.29, 2404.31, 2404.39, 2404.41, 109 [2404.50 and 2404.60],
of the Schedule to the Central Excise Tariff Act, 1985; (5 of 1986)
(x) woven fabrics of wool covered under
heading Nos.51.06, 51.07, 58.01, 58.02, 58.03 and 58.05 of the Schedule to the
Central Excise Tariff Act, 1985.
110
[****]
[93.Ins.by Act 103 of 1976, sec.7, (w.e.f.7.9.1976)]
[94.Subs.by Act 61 of 1972, sec.11, for clause (i)
(retrospectively)]
[95.Clause (i) renumbered as clause (ia) by Act 103 of
1976, sec.7, (w.e.f.7.9.1976)) Note : Clause (i) was renumbered as clause (i-a)
as so renumbered clause (i) relating to “cerals” was inserted vide Act No.103
of 1976 w.e.f 7.9.1976. the original
clause (i) related to “Coal, including cokde in all its forms”. Because of the decision of the Supreme Court
in 19 STC 469 in which it was held that coal includes charcoal, the entry was
subs. Excluding charcoal except for the period specified vide Act No.61 of
1972.
[96.Item (iia) ins.by Act 16 of 1957, sec.3 and
Subs.by Act 31 of 1958, sec.10 (w.e.f.1.10.1958) and again subs. by Act 26 of
1988, sec.84 (w.e.f 13/5/88)] and previous (ii-a) reads as follows : cotton
fabrics as defined in item 19 of the First schedule to the Central Excises and
Salt Act, 1944.
[97.Ins.by Act 13 of 1989, sec.50 (w.e.f.12.5.1989)]
[98.Ins.by Act 31 of 1958, sec.10, (w.e.f.1.10.1958)]
[99.Ins.by Act 103 of 1976, sec.7 (w.e.f.7.9.1976)]
[100.Ins.by Act 14 of 2001, sec.139 (w.e.f.11.5.2001)]
[101.Subs.by Act 61 of 1972, sec.11, for clause (iv)
(w.e.f.1.4.1973)]
[102.Subs.by Act 14 of 2001, sec.139, for “Pig Iron
and “
[103.Subs.by Act 38 of 1978, sec.3 and sche2, for
“ingot moulds bottom plates”]
[104.Subs.by Act 61 of 1972, sec.11, for clause (v)
(w.e.f.1.4.1973)]
[104A Ins. By Finance Act 2006 (w.e.f 1.3.2006)]
[105.Subs.by Act 61 of 1972, sec.11, for clause (vi)
(w.e.f.1.4.1973)]
[106.Ins.by Act 103 of 1976, sec.7 (w.e.f 7.9.1976)]
[107.Ins.by Act 31 of 1958, sec.10 (w.e.f 1.10.1958)
and subs.by Act 26 of 1988, sec.85 (w.e.f.13.5.1988)
[108.Ins.by Act 13 of 1989, sec.50.
[109.Subs.by Act 13 of 1989, sec.50 for “and 2404.50”
(w.e.f.12.5.1989)]
[110.Item (xi), i.e., “Silk fabrics, as defined in
item No.20 of the first schedule to the Central Excises and Salt Act, 1944 (1
of 1944)” was omitted by Act 19 of 1968, sec.43 (w.e.f.11.5.1968) thereby
allowing the states to levy state tax on them]
11115. Restrictions and conditions in regard to tax on
sale or purchase of declared goods within a State
Every sales tax
law of a State shall, in so far as it imposes or authorises the imposition of a
tax on the sale or purchase of declared goods, be subject to the following
restrictions and conditions, namely:-
(a) the tax
payable under that law in respect of any sale or purchase of such goods inside
the State shall not exceed 112
[four percent] of the sale or purchase price thereof 113 [****]
(b) where a tax
has been levied under that law in respect of the sale or purchase inside the
State of any declared goods and such goods are sold in the course of
inter-State trade or commerce, 114
[and tax has been paid under this
Act in respect of the sale of such goods in the course of inter-State trade or
commerce, the tax levied under such law]
115 [shall be reimbursed to the person making such sale in the course
of inter-State trade or commerce] in
such manner and subject to such conditions as may be provided in any law in
force in that State;
116[(c) where a tax has been levied under that law in
respect of the sale or purchase inside the State of any paddy referred to in
sub-clause (i) of clause (i) of section 14, the tax leviable on rice procured
out of such paddy shall be reduced by the amount of tax levied on such paddy;]
117[(ca) Where a tax on sale or purchase of paddy referred
to in sub-clause(i) or clause(i) of section 14 is leviable under that law and
the rice procured out of such paddy is exported out of India, then for the
purposes of sub section (3) of Section 5, the paddy and rice shall be treated
as a single commodity.]
(d)
each of the pulses referred to in clause (vi-a) of section 14, whether whole or
separated, and whether with or without husk, shall be treated as a single
commodity for the purposes of levy of tax under this law.
[111.Subs.by Act 31 of 1958, sec.11, for section 15 (w.e.f.1.10.1958)]
[112.Subs.by Act 25 of 1975, sec.38, for “three percence” (w.e.f
1.7.1975)]
[113.The words “and such tax shall not be levied at more than one stage”
were omitted by Act 20 of 2002, sec.155 (w.e.f 13.5.2002)]
[114.Subs.by Act 61 of 1972, sec.12, for “the tax so levied” (w.e.f
1.4.1973)]
[115.Subs.by Act 61 of 1972, sec.12, for “shall be refunded to such
person” (w.e.f.1.4.1973)]
[116.Ins.by Act 103 of 1976, sec.8, (w.e.f.7.9.1976)]
[117.Ins.by Act 33 of 1996, sec.87 (w.e.f 28.9.1996)]
CHAPTER
V 118
LIABILITY
IN SPECIAL CASES
16. Definitions.-
In this Chapter,-
(a) ''appropriate
authority'', in relation to a company means the authority competent to assess
tax on the company;
(b) ''company'' and ''private company'' have the meanings respectively assigned to them by clauses (i) and (iii) of sub-section (1) of section 3 of the Companies Act, 1956.
(b) ''company'' and ''private company'' have the meanings respectively assigned to them by clauses (i) and (iii) of sub-section (1) of section 3 of the Companies Act, 1956.
[118.Ins.by Act
61 of 1972, sec.13 (w.e.f.1.4.1973) and this chapter deals with the procedure
for collection of tax in the event of liquidation of a company]
17.
Company in liquidation
(1) Every person
(a) who is the liquidator of any company which is being wound up, whether under
the orders of a court or otherwise; or (b) who has been appointed the receiver
of any assets of a company, (hereinafter referred to as the liquidator) shall,
within thirty days after he has become such liquidator, give notice of his
appointment as such to the appropriate authority.
(2) The
appropriate authority shall, after making such inquiry or calling for such
information as it may deem fit, notify to the liquidator within three months
from the date on which he receives notice of the appointment of the liquidator
the amount which, in the opinion of the appropriate authority would be
sufficient to provide for any tax which is then, or is likely thereafter to
become, payable by the company.
(3) The liquidator
shall not part with any of the assets of the company or the properties in his
hands until he has been notified by the appropriate authority under sub-section
(2) and on being so notified, shall set aside an amount equal to the amount
notified and, until he so set aside such amount, shall not part with any of the
assets of the company or properties in his hands:
Provided that
nothing contained in this sub-section shall debar the liquidator from parting
with such assets or properties in compliance with any order of a court or for
the purpose of the payment of the tax payable by the company under this Act or
for making any payment to secured creditors whose debts are entitled under law
to priority of payment over debts due to Government on the date of liquidation
or for meeting such costs and expenses of the winding up of the company as are
in the opinion of the appropriate authority reasonable.
(4) If the
liquidator fails to give the notice in accordance with sub-section (1) or fails
to set aside the amount as required by, or parts with any of the assets of the
company or the properties in his hands in contravention of the provisions of
sub-section (3), he shall be personally liable for the payment of the tax which
the company would be liable to pay:
Provided that if
the amount of any tax payable by the company is notified under sub-section (2),
the personal liability of the liquidator under this sub-section shall be to the
extent of such amount.
(5) Where there
are more liquidators than one, the obligations and liabilities attached to the
liquidator under this section shall attach to all the liquidators jointly and
severally.
(6) The provisions
of this section shall have effect notwithstanding anything to the contrary
contained in any other law for the time being in force.
18.
Liability of directors of private company in liquidation
Notwithstanding
anything contained in the Companies Act, 1956 when any private company is wound
up after the commencement of this Act, and any tax assessed on the company
under this Act for any period, whether before or in the course of or after its
liquidation, cannot be recovered, then, every person who was a director of the
private company at any time during the period for which the tax is due shall be
jointly and severally liable for the payment of such tax unless he proves that
the non-recovery cannot be attributed to any gross neglect, misfeasance or
breach of duty on his part in relation to the affairs of the company.
119CHAPTER
VI
Authority to settle
disputes in course of inter-state trade or commerce
19. CENTRAL
SALES TAX APPELLATE AUTHORITY
19.
(1) The
central Government shall constitute, by notification in the Official Gazette,
an Authority to settle inter-State disputes falling under 120[section 6A read with
section 9] of this Act, to be known as " the Central Sales Tax
Appellate Authority (hereinafter referred to as the Authority)".
(2) The Authority shall consist of the
following Members appointed by the Central Government, namely:-
(a) a Chairman, who
is a retired Judge of the Supreme
Court, or a retired Chief Justice of a High Court;
(b) an officer of
the Indian Legal Service, who is, or is qualified to be, an Additional Secretary to the Government
of India; and
(c) an officer of a
State Government not below the rank of Secretary or an officer of the Central
Government not below the rank of Additional Secretary, who is an expert in
sales tax matters.
121[(2A) Notwithstanding
anything contained in sub-section (2), the Chairman or a member holding a post
as such in the Authority for Advance Rulings appointed under clause (a) or
clause (c), as the case may be, of sub-section (2) of section 245-O of the
Income-Tax Act, 1961 may, in addition to his being the Chairman or a Member of
that Authority, be appointed as the Chairman or a Member, as the case may be,
of the Authority under this Act.]
(3) The salaries and allowances payable
to, and the terms and conditions or service of, the Chairman and Members shall
be such as may be prescribed.
(4) The Central Government shall provide
the Authority with such officers and staff as may be necessary for the
efficient exercise of the powers of the Authority under this Act.
[119. Chapter VI (containing
Sections 19 to 26) ins. by Act 41 of 2001, sec.3 (w.e.f.1.4.1973)]
120.
Subs. for the words, “Section 6A or Section 9” by Section 119(b) of Act
23 of 2004 (w.e.f. commencement of Act 41 of 2001)
121. Ins. by Act 3 of 2006 dated 16-01-2006
read with S.O. 134(E) dated 03-02-2006 (w.e.f. 01-03-2006)]
122[19A. Vacancies etc., not to invalidate proceedings
“No proceeding
before the Authority shall be questioned or shall be invalid on the ground
merely of the existence of any vacancy or defect in the constitution of the
Authority”.]
[122. Ins. by Act 3 of 2006 dated 16-01-2006 read with
S.O. 134(E) dated 03-02-2006 (w.e.f. 01-03-2006)]
20. Appeals
123[(1) The provisions of this Chapter shall apply to
appeals filed by any aggrieved person against any order of the highest
appellate authority of a state, made under section 6A read with section 9.
Explanation: For
the purpose of this section and sections 21, 22 and 25 “highest appellate
authority of a state” means any authority or tribunal or court (except the High
Court) established or constituted under the general sales tax law of a State,
by whatever name called.
(2)
Notwithstanding anything contained in the general sales tax law of a state, the
Authority shall adjudicate an appeal filed under sub section (1).
(3) An appeal
under sub-section (1) may be filed within ninety days from the date on which
the order referred to in that sub-section is served on any aggrieved person :
Provided that the
Authority may entertain any appeal after the expiry of the said period of
ninety days, but not later than one hundred and fifty days from the date of
such service, if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time.
Provided further
that the authority may entertain any appeal from an aggrieved person within
sixty days from the commencement of the Central Sales Tax Act (Amendment) Act,
2005, where such aggrieved person had the right to file an appeal against the
order of the highest appellate authority of the state under sub-section (1) as
it stood immediately before the commencement of the said act, but has not
availed of the right to file the appeal during the period commencing on and
from the 3rd day of December, 2001 and ending with the 16th
day of March, 2005.
(4) The
application shall be made in quadruplicate and be accompanied by a fee of five
thousand rupees.]
[123. Subs. by Act 3 of 2006 dated 16-01-2006 read
with S.O. 134(E) dated 03-02-2006 (w.e.f. 01-03-2006) The previous sub sections
1, 2 and 3 of Sec.20 are read as follows : (1) The provisions of this chapter
shall apply to appeals filed by the aggrieved dealer against any order of the
assessing authority made under section 6A or section 9 of this Act. (2)
Notwithstanding any thing contained in the general sales tax laws, the
authority shall adjudicate an appeal filed by a dealer aggrieved against any
order of the assessing authority rejecting his claim under section 6A or
section 9 of this Act. (3) An appeal against the order of the assessing
authority rejecting the claim of the dealer under section 6A or section 9 of
this Act may be filed by the aggrieved dealer within forty five days from the
date on which the order is served on him. Provided that the authority may
entertain any appeal after expiry of the said period of forty five days, but
not later than sixty days, from the date aforesaid if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in
time. (4) The application shall be made
in quadruplicate and be accompanied by a fee of five thousand rupees.]
21. Procedure on receipt of application
(1) On receipt of
an appeal, the Authority shall cause a copy thereof to be forwarded to the
assessing authority concerned and to call upon it to furnish the relevant
records:
Provided that such
records shall, as soon as possible, be returned to the assessing authority.
(2) The Authority
shall adjudicate and decide upon the appeal filed against an order of the 124[highest appellate
authority].
(3) The Authority,
after examining the appeal and the records called for, by order, either allow
or reject the appeal:
Provided that no
appeal shall be rejected unless an opportunity has been given to the appellant
of being heard in person or through a duly authorised representative.
Provided further that whether an appeal is
rejected or accepted, reasons for such rejection or acceptance shall be given
in the order,
(4) The Authority
shall make an endeavour to pronounce its order in writing within six months of
the receipt of the appeal.
(5) A copy of
every order made under sub-section (3) shall be sent to the 125[appellant, assessing
authority, respondent and highest appellate authority of the State Government
concerned].
[124. Subs. by Act 3
of 2006 dated 16-01-2006 read with S.O. 134(E) dated 03-02-2006 (w.e.f.
01-03-2006) for words “assessing authority”]
[125. Subs. by Act 3 of 2006 dated 16-01-2006 read
with S.O. 134(E) dated 03-02-2006 (w.e.f. 01-03-2006) for words “appellant and
to the assessing authority”]
22. Powers of the Authority
(1) The Authority
shall have the same powers as are vested in a court under the Code of Civil
Procedure, 1908, while trying a suit in respect of the following matters,
namely:-
(a)
enforcing the attendance of any person, examining him on oath or affirmation;
(b) compelling the production of accounts and
documents;
(c) Issuing the commission for the examination of
witnesses;
(d) the reception of evidence on affidavits;
(e) any other matter which may be prescribed.
126[(1A) the Authority may grant stay of the operation of
the order of the highest appellate authority against which the appeal is filed
before it or order the pre-deposit of the tax before entertaining the appeal
and while granting such stay or making such order for the pre-deposit of the
tax, the Authority shall have regard, if the assessee has made pre-deposit of
the tax under the general sales tax law of the state concerned, to such
pre-deposit or pass such appropriate order as it may deem fit.]
(2) Every proceeding
before the Authority shall be deemed to be a judicial proceeding within the
meaning of section 193 and 228 of the Indian Penal Code and the Authority shall
be deemed to be a civil court for the purpose of section 195 and Chapter XXVI
of the Code of Criminal Procedure, 1973.
[126. Subs. by Act 3 of 2006 dated 16-01-2006 read
with S.O. 134(E) dated 03-02-2006 (w.e.f. 01-03-2006)]
23. Procedure of authority
The Authority
shall, subject to the provisions of this Chapter, have power to regulate its
own procedure in all matters arising out of the exercise of powers under this
Act.
24. The Authority for Advance Rulings to function as
authority under this Act
(1)
Notwithstanding anything contained in any other law for the time being in force
and in section 19 of this Act, the Authority for Advance Rulings constituted
under section 245-O of the Income Tax Act, 1961 shall be notified by the
Central Government in the Official Gazette, with such modifications as may be
necessary, to make its composition in conformity with section 19 of this Act,
as the Authority under this Act till such time an Authority is constituted
under that section.
(2) On and from
the date of the constitution of the Authority in accordance with the provisions
of section 19 of this Act, the proceedings pending with the Authority for
Advance Rulings shall stand transferred to the Authority constituted under that
section from the stage at which such proceedings stood before the date of
constitution of the said Authority.
12725. Transfer
of pending proceedings:
[(1) on and
from the commencement of the Central Sales Tax (Amendment)Act’2005, all appeals
(except appeals against orders of the highest appellate authority of the state)
pending before the Authority notified under sub-section (1) of Section 24 shall
stand transferred together with the records thereof to the highest appellate
authority of the concerned state.
(2) such highest
appellate authority of the state to which such appeal has been transferred
under sub-section (1) on receipt of such records shall proceed to deal with
such appeal so far as may be in the same manner as in the case of an appeal
filed before such highest appellate authority of the state according to the
general sales tax law of the appropriate state, from the stage which was
reached before such transfer or from any earlier stage or de novo as such
highest appellate authority of the state may deem fit:
Provided that
where the highest appellate authority finds that the appellant has not availed
of the opportunity of filing first appeal before the appellate authority, such
case shall be forwarded to such authority.]
[127. Subs. by Act 3
of 2006 dated 16-01-2006 read with S.O. 134(E) dated 03-02-2006 (w.e.f.
01-03-2006) The previous section 25 of read as follows : On and from the date
when the Authority is constituted under section 19, every appeal arising out of
the provisions contained in this chapter (i) which is pending immediately
before the constitution of such authority before the appellate authority
constituted under the general sales tax law of a state or of the state or of
the union territory, as the case may be; or (ii) which would have been required
to be taken before such appellate authority, shall stand transferred to such
authority on the date on which it is established. ]
26.Applicability
of Orders passed:
An order passed by
the Authority under this Chapter shall be binding on 128[each State Government concerned, the assessing
authorities and other authorities created by or under any law relating to
general sales tax, in force for the time being in any State 129(***)].
[128. Subs. by Act
23 of 2004, Sec. 109 (F) for “the assessing authorities”, w.e.f. the
commencement of the Act 41 of 2001)]
[129. The words,
“or Union Territory” were omitted by Act 3 of 2006 dated 16-01-2006 read with
S.O. 134(E) dated 03-02-2006 (w.e.f. 01-03-2006)]
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