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Thread: Meaning of Returns, Payment Of Tax, Assessment, Recovery Of Tax And Refund in Gujarat Value Added Tax (Gujarat VAT)

  1. #1
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    Default Meaning of Returns, Payment Of Tax, Assessment, Recovery Of Tax And Refund in Gujarat Value Added Tax (Gujarat VAT)

    Meaning of Returns, Payment Of Tax, Assessment, Recovery Of Tax And Refund in Gujarat Value Added Tax (Gujarat VAT)

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    Default Returns in Gujarat VAT

    Returns in Gujarat VAT

    29 (1) Every Registered dealer shall furnish correct and complete returns in such form, for such period, by such dates and to such authority, as may be prescribed.

    (2) The Commissioner may, subject to such terms and conditions as may be prescribed, exempt any dealer from furnishing returns or permit any dealer, -
    (a) to furnish for such different periods, or
    (b) to furnish separate returns relating to various places of business of a dealer in the State for the said period, or for such different period, to such authority, as he may direct.

    (3) If the Commissioner has reason to believe that the total turnover of ny dealer is likely to exceed the thresholds of turnover specified in subsection (1) of section 3, he may, by notice served in the prescribed manner, require such dealer to furnish returns as if he were a registered dealer, but no
    tax shall be payable by such dealer, unless he become liable to pay tax under sub-section (1) of section 3.

    (4) If any dealer having furnished returns under sub-section (1) or (3) iscovers any mistake, error, omission or incorrect statement therein, he may furnish a revised return before the expiry of three months next following the last date prescribed for furnishing the original return.

    (5) If a registered dealer or any other dealer required to furnish return under this section fails to furnish any return by the prescribed date as required under sub-section (1) or fails to comply with the requirement of notice issued under sub-section (3), the Commissioner shall direct him to pay,
    in addition to any tax and interest payable or paid by him, by way of penalty a sum of rupees one hundred per month or part thereof for the default period.

    The penalties specified under this sub-section shall be imposed by the Commissioner notwithstanding the fact that the assessment proceedings have not been initiated against the dealer under section 32, 33 or 34. Any penalty imposed under this sub-section shall be without prejudice to any
    prosecution for any offence under this Act.

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    Default Periodical payment of tax and interest on nonpayment of tax in Gujarat VAT

    Periodical payment of tax and interest on nonpayment of tax in Gujarat VAT

    30. (1)Tax shall be paid in the manner hereinafter provided, and at such intervals as may be prescribed.

    (2) Every registered dealer furnishing return as required by subsection (1) of section 29 shall pay into a Government treasury, in the manner prescribed, the whole amount due from him according to such return and shall furnish along with the return a receipt showing full payment of such amount.

    (3) If the revised return furnished by a registered dealer in accordance with sub-section (4) of section 29, shows a higher amount of tax due than shown in the return earlier furnished by him, he shall pay into a Government treasury the remaining amount of tax arising from the revised return alongwith interest on delayed payment of such remaining amount, and furnish alongwith the revised return a receipt showing such payment.

    (4) If a registered dealer does not pay the amount of tax payable in accordance with the provisions of sub-section (1), (2) or (3), the Commissioner shall forthwith initiate recovery proceedings under this Act.

    (5) Where a dealer does not pay the amount of tax within the time prescribed for its payment under this section, then there shall be paid by such dealer for the period commencing on the date of expiry of the aforesaid prescribed time and ending on date of payment of the amount of tax, simple interest at the rate of eighteen per cent, per annum, on the amount of tax not so paid or on any less amount thereof remaining unpaid during such period.

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    Default Collection of tax only by registered dealers in Gujarat VAT

    Collection of tax only by registered dealers in Gujarat VAT

    31. (1) A person who is not a registered dealer shall not collect in respect of any sale of goods any amount by way of tax under this Act and no registered dealer shall make any such collection except in accordance with the provisions of this Act and the rules made thereunder.

    (2) A registered dealer who has been permitted by the Commissioner to make a lump sum payment under section 14 shall not collect from his purchaser any sum by way of tax on the sales of goods during the period the permission for lump sum tax is valid.

    (3) The tax collected and deposited under the provisions of this Act to which a dealer may be held not liable shall not be refunded to the dealer and the amount of such tax shall stand forfeited to the Government.

    (4) If any person collects any amount by way of tax in contravention of the provisions of this Act, he shall be liable to pay, in addition to any tax payable, a penalty equal to the amount so collected.

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    Default Return scrutiny and Provisional Assessment in Gujarat VAT

    Return scrutiny and Provisional Assessment in Gujarat VAT

    32. (1) Returns or revised returns furnished by the dealer in accordance with section 29 shall be subject to scrutiny by the Commissioner.

    (2) (a) If any dealer has furnished return or revised return according to which,-
    (i) net amount of tax payable, in accordance with section 13, is nil, or
    (ii) the amount of tax credit is carried forward for subsequent return, or
    (iii) the amount of refund is claimed there in, or
    (iv) the dealer has claimed in his return or the revised return higher amount of tax credit than the admissible amount of tax credit, -
    then, the Commissioner may, as soon as possible, provisionally assess such dealer for the period of such return or as the case may be, revised return. For the purpose of aforesaid provisional assessment, the Commissioner shall serve on such dealer in the prescribed manner a notice requiring him to explain in writing, on or before the date specified there, the basis on which the dealer has furnished such returns or the revised returns. The Commissioner may, after considering such explanation provisionally assess the amount of tax due from such dealer and issue an order in the prescribed form.
    (b) If the dealer who has been served the notice under clause (a) fails to comply with requirement of clause (a), the Commissioner shall determine the amount of tax payable in the manner as may be prescribed and serve on such dealer an order of the provisional assessment.

    (3) Where a registered dealer has not furnished the return in respect of any tax period within the prescribed time, the Commissioner shall, notwithstanding anything contained in section 34, proceed to assess the dealer provisionally for the period for such default. Such provisional assessment shall be made on the basis of past returns or past records or on the basis of information received by the Commissioner and the Commissioner shall direct the dealer to pay the amount of tax assessed in such manner and by such date as may be prescribed.

    (4) Where the Commissioner has reason to believe that the dealer has evaded the tax or has claimed more amount of tax credit than the admissible amount of tax credit, he may, after taking into account all relevant materials gathered by him and after giving the dealer a notice in the prescribed form, provisionally assess to the best of his judgment the amount of tax payable by
    the dealer.

    (5) The provisions of this Act shall mutatis mutandis apply to the provisional assessment as if provisional assessment were an audit assessment made under this Act.

    (6) Nothing contained in this section shall prevent the Commissioner from making assessment under sections 33 and 34.

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    Default Self Assessment in Gujarat VAT

    Self Assessment in Gujarat VAT

    33. (1) Every registered dealer shall, by such dates and to such authority as may be prescribed, furnish annual return by way of self-assessment in the prescribed form, containing such particulars and accompanied by supporting documents, as may be prescribed.

    (2) The amount of tax credit, exemptions and other claims by the dealer in the annual return for which no supporting tax invoice, declarations, certificates, or evidence required under this Act or the Central Act is furnished, shall be self-assessed by the dealer by disallowing such tax credits, exemptions and other claims and by levying the appropriate rate of tax as if the sales or purchases were taxable.

    (3) If a dealer has furnished all the returns, revised returns, if any, and annual return within the prescribed period and the Commissioner is satisfied that the returns or as the case may be, revised returns, and annual return are correct and complete, he may accept the annual return by way of selfassessment filed by the dealer and shall assess the amount of tax and interest due from the dealer on the basis of such returns. The Commissioner shall send to such dealer an intimation in the prescribed form regarding the assessment done under this section.

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    Default Audit assessment in Gujarat VAT

    Audit assessment in Gujarat VAT

    34. (1) Subject to the provisions of sub-section (2), the amount of tax due from a registered dealer shall be assessed in the manner hereinafter provided, separately for each year, during which he is liable to pay tax.

    (2) Where,
    (a) the Commissioner is not satisfied with the bonafides of any claim of tax credit, exemption, refund, deduction, concession, rebate; or genuineness of any declaration or evidence furnished by a dealer in support thereof with the self-assessment, or
    (b) the Commissioner has reason to believe that detailed scrutiny of the case is necessary,
    the Commissioner may, notwithstanding the fact that the dealer may have been assessed under section 33, serve on such dealer in the prescribed manner a notice requiring him to appear on a date and place specified therein, which may be his place of business or a place specified in the notice,
    either to attend and produce or cause to be produced the books of account and all evidence on which the dealer relies in support of his returns or to produce such evidence as specified in the notice.

    (3) The dealer shall provide all co-operation and reasonable assistance to the Commissioner as may be required in case the proceedings under this section are required to be conducted at his place of business.

    (4) If proceedings under this section are to be conducted at the place of business of the dealer and it is found that the dealer is not functioning from such premises or no such premises exists, the Commissioner shall assess to the best of his judgment the amount of tax due from him.

    (5) If the Commissioner is unlawfully prevented from conducting the proceedings under this section, he may assess to the best of his judgment the amount of tax due from the dealer and may further direct that the dealer shall pay, by way of penalty, in addition to the amount of tax so assessed, a sum equal to the tax amount.

    (6) If any dealer
    (a) has not furnished returns in respect of any period by the prescribed date;
    (b) has furnished incomplete or incorrect returns for any period;
    (c) has failed to comply with the terms of notice issued under sub-section (2);
    (d) has failed to maintain books of accounts in accordance with the provisions of this Act or rules made thereunder or has not regularly employed any method of accounting,- the Commissioner shall assess to the best of his judgment the amount of tax due from him.

    (7) If the Commissioner is satisfied that the dealer, in order to evade or avoid payment of tax,
    (a) has failed to furnish, without reasonable cause, returns in respect of any period or the self-assessment by the prescribed date;
    (b) has furnished incomplete or incorrect returns for any period;
    (c) has availed tax credit for which he is not eligible;
    (d) has employed such method of accounting which does not enable the Commissioner to assess the tax due from him, or
    (e) has knowingly furnished false or incorrect self assessment,-
    he shall, after giving the dealer an opportunity of being heard, direct that the dealer shall pay, by way of penalty, a sum equal to twice the amount of tax assessed on account of the said reason in the audit assessment.

    (8) If the Commissioner, upon information which has come into his possession, is satisfied that any dealer who has been liable to pay tax under this Act in respect of any period, has failed to get himself registered, the Commissioner shall proceed to assess to the best of his judgment the amount
    of tax due from the dealer in respect of such period and all subsequent periods. In making such assessment, he shall give the dealer an opportunity of being heard. The Commissioner may, if he is satisfied that the default was without reasonable cause, direct that the dealer shall pay, by way of penalty, in addition to the amount of tax so assessed, a sum equal to the amount of
    tax assessed or a sum of rupees five thousand, whichever is more.

    (9) No assessment under sub-sections (2), (5), (6) or (7) shall be made after the expiry of four years from the end of the year in respect of which or part of which the tax is assessable.

    (10) No assessment under sub-section (8) shall be made after the expiry of eight years from the end of the year in respect of which or part of which the tax is assessable:

    Provided that where any assessment is required to be made in pursuance of an order of any court or authority, such fresh assessment shall be made at any time within two years from the date of such order:

    Provided further that in computing the period of limitation for the purpose this section, any period during which assessment proceedings are stayed by an order or injunction of any court or authority shall be excluded.

    (11) Any assessment made or penalty imposed under this section shall be without prejudice to prosecution for any offence under this Act.

    (12) Where in the case of a dealer, the amount of tax assessed for any period under this section or reassessed for any period under section 35 exceeds the amount of tax already paid under sub-section (1), (2) or (3) of section 30 by the dealer in respect of such period by more than twenty five
    per cent of the amount of tax so paid, there shall be levied on such dealer a penalty not exceeding one and one-half times the difference between the tax paid under section 30 and the amount so assessed or reassessed.

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    Default Turnover escaping assessment in Gujarat VAT

    Turnover escaping assessment in Gujarat VAT

    35. (1) Where after a dealer has been assessed under section 32, 33 or 34 for any year or part thereof, the Commissioner has reason to believe that the whole or any part of the taxable turnover of the dealer in respect of any period has,--
    (a) escaped assessment; or
    (b) been under-assessed; or
    (c) been assessed at a rate lower than the rate at which it is assessable; or
    (d) wrongly been allowed any deduction therefrom; or
    (e) wrongly been allowed any tax credit therein,
    the Commissioner may serve a notice on the dealer and after giving the dealer an opportunity of being heard and making such inquiry as he considers necessary, proceed to determine to the best of his judgment, the amount of tax due from the dealer in respect of such turnover which comes to his notice subsequently, and the provisions of this Act shall, so far as may be, apply accordingly.

    (2) No order shall be made under sub-section (1) after the expiry of five years from the end of the year in respect of which or part of which the tax is assessable;

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    Default Refund of Excess Payment in Gujarat VAT

    Refund of Excess Payment in Gujarat VAT

    36. (1) Subject to other provisions of this Act and the rules, the Commissioner may refund to a person the amount of tax, penalty and interest, if any, paid by such person in excess of the amount due from him:

    Provided that, the Commissioner shall first apply such excess towards the recovery of any amount due under this Act or the earlier laws and shall then refund only the balance amount, if any:

    Provided further that no such adjustment under the proviso shall be made towards a recovery of an amount due that has been stayed by an appellate authority.

    (2) Where any refund is due to any dealer, according to the return furnished by him for any period, such refund may provisionally be adjusted by him against the tax due and payable as per the returns furnished under section 29 for any subsequent period in the year:

    Provided that the amount of tax, or penalty, interest or surety forfeited or all or any of them due from and payable by the dealer on the date of such adjustment, shall first be deducted from such refund before making the adjustment.

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    Default Provisional refund in Gujarat VAT.

    Provisional refund in Gujarat VAT.

    37. (1) If a registered dealer has filed any return as required by or under this Act, and such return shows any amount to be refundable to the dealer, then the dealer may apply in such form and in such manner as may be prescribed, to the Commissioner for grant of provisional refund pending
    assessment.

    (2) Subject to the provisions of sub-section (3), the Commissioner may require the aforesaid dealer to furnish a Bank Guarantee or other security as may be prescribed, for an amount equal to the amount of refund.
    On receipt of such guarantee or other security, the Commissioner may, subject to rules, grant provisional refund to the dealer.

    (3) The Commissioner may direct that assessment under section 32 of such dealer in respect of the period covered by the said return be taken up as early as practicable and adjust the grant of provisional refund against tax due, if any, as a result of the assessment.

    (4) If, on assessment, the provisional refund granted under sub-section (2) is found to be in excess, then such excess shall be recovered as if it is a tax due from the dealer under this Act and the interest on such tax shall be charged at the rate of eighteen percent per annum, for the period
    from the date of grant of provisional refund, till the date of assessment.

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