Dated the 25th May, 2016
No. (GHN-34) VAR-2016(38)/TH – WHEREAS the Government of Gujarat is satisfied that circumstances exist which render it necessary to take immediate action to make rules and to dispense with the previous publication thereof under the proviso to sub-section (4) of section 98 of the Gujarat Value Added Tax Act, 2003 (Guj. 1 of 2005);
NOW, THEREFORE, in exercise of the powers conferred by section 98 of the Gujarat Value Added Tax Act, 2003 (Guj. of 2005), the Government of Gujarat hereby makes the following rules further to amend the Gujarat Value Added Tax Rules, 2006, namely:-
1. These rules may be called the Gujarat Value Added Tax (Second Amendment) Rules, 2016.
2. In the Gujarat Value Added Tax Rules, 2006, in rule 37, after sub-rule (5), the following sub-rule shall be inserted. namely:-
(5A) Notwithstanding anything contained in this rule, the Commissioner may grant provisional refund upto rupees one lakh for a full amount, allowable as refund during the year, within thirty days from the date of submission of all documents, subject to the following conditions. Thereafter, the provisional refund shall be granted in accordance with the provisions under sub- rule (5).
(i) The amount of refund paid in the previous year should not have exceeded rupees one lakh.
(ii) The dealer should be holding a certificate of registration under the Act for more than tWo years on the date of application for such refund.
The other provisions of this rule shall apply mutatis mutandis to such dealers”.
By order and in the name of the Governor of Gujarat,
K H PATHAK
Joint Secretary to Government.