UTTARAKHAND VALUE ADDED TAX (AMENDMENT) ACT, 2015 – AMENDMENT IN SECTIONS 4, 6, 35, 50, 53 AND 58
NOTIFICATION NO.102/XXXVI(3)/2015/22(1)/2015, DATED 31-3-2015
An Act further to amend the Uttarakhand Value Added Tax Act, 2005—
Be it enacted by the Uttarakhand Legislative Assembly in the Sixty sixth year of the Republic of India, as follows:—
Short title and commencement
1. (1)This Act may be called The Uttarakhand Value Added Tax Act, 2005 (Amendment) Act, 2015.
(2) It shall come into force with immediate effect.
Amendment of sub-section (5) and sub-section (7) of section 4
2. In section 4 of the Uttarakhand Value Added Tax Act, 2005, (hereinafter referred to as the Principal Act):—
| (1) | for the words “at the rate of four per cent” occurring in the existing clause (a) of sub-section (5), the words “at the rate of five per cent” shall be substituted. | |
| (2) | for the words “at the rate of 2 per cent” occurring in clause (a) of sub-section (7) and its first proviso, the words “at the rate of 3 per cent” shall be substituted. | |
| (3) | For the existing Clause (d) of sub-section (7), the following clause shall be substituted; namely— |
| (d) | Where a dealer in whose favour a Recognition Certificate has been granted under clause (b) has purchased the goods after payment of tax at concessional rate or, as the case may be, without payment of tax under this sub-section and has used such goods for a purpose other than that for which the Recognition Certificate was granted or has otherwise disposed of the said goods, such dealer shall be liable to pay as penalty such amount as the Assessing Authority may fix which shall not be less than one and half times the difference between the amount of tax on the sale or purchase of such goods payable under this sub-section and the amount of tax payable under any other provisions of this Act, but not exceeding twice the amount of such difference. |
| (4) | for the existing clause (e) of sub-section (7), the following clause shall be substituted; namely— |
| (e) | Where a dealer, in whose favour a Recognition Certificate has been granted under clause (b), has purchased any goods including raw material, processing material or packing material and consumables after payment of tax at concessional rate or, as the case may be, without payment of tax under this section, and |
| (i) | the goods (as specified in schedule III) manufactured or processed by using or utilizing such goods; or | |
| (ii) | the goods (as specified in schedule III) so manufactured or processed, after being packed with such packing material; |
| are sold or disposed of otherwise than by way of sale in the State or in the course of inter-State trade or commerce or in the course of export out of the Territory of India, such dealer shall be liable to pay, an amount equal to one and half times of the difference between the amount of tax calculated on the sale or purchase value of such goods at the general rate of tax provided in the schedules under this Act in respect of such goods and the amount of tax, at the concessional rate of tax under this section, on the sale or purchase such goods. | ||
| Such amount shall be due for the period in which such transaction of such manufactured or processed goods is made and be payable within the time limit, as prescribed for depositing the tax due for such period as is applicable in the case of such dealer. | ||
| Explanation: For determining whether a sale or purchase in the course of inter-State trade or commerce, within the State, or in the course of export out of India, the provisions of sections 3, 4 and 5 of the Central Sales Tax Act, 1956, shall respectively apply. |
Amendment of sub section (1), sub-section (3), sub-section (8) and addition of a new sub-section (18) after sub-section (17) of section 6
3. In section 6 of the Principal Act—
| (1) | After the existing two proviso of sub-section (1), the following new proviso shall be added; namely— | |
| Provided further that, in no case the amount of input tax credit or refund on any purchase of goods shall exceed the amount of tax, in respect of the same goods actually paid under this Act or any earlier law, into the Government treasury; | ||
| (2) | For the existing first proviso of clause (e) of sub-section (3), the following proviso shall be substituted; namely— | |
| Provided that with reference to clause (d) above, in case such manufactured goods are dispatched outside the state other than by way of sale, a partial amount of input tax credit shall be allowed in respect of tax paid in excess of 3 per cent on the raw materials used directly in the manufacture of such goods. | ||
| (3) | for the existing first proviso of sub-section (8), the following proviso shall be substituted; namely— | |
| Provided that in respect of transactions falling under (item g) a partial amount of input tax credit shall be allowed in respect of tax paid in excess of 3 per cent on the raw materials used directly in the manufacture of goods. | ||
| (4) | after the existing sub-section (17), following new sub-section (18) shall be added; namely— | |
| (18) Notwithstanding anything to the contrary contained in this section, where goods purchased or resold or goods manufactured or processed by using or utilizing such purchased goods are sold at a price which is lower than; |
| (i) | the purchase price of such goods in case of resale; or | |
| (ii) | the cost price in case of manufacture, |
the amount of input tax credit shall be claimed and be allowed to the extent of tax payable on the sale value of such goods or manufactured goods.
Amendment of sub-section (2), sub-section (8) and sub-section (10) of section 35
4. In section 35 of the Principal Act —
| (1) | For the words “at the rate of four per cent” occurring in clause (d) of the existing sub-section (2), the words “at the rate of five per cent” shall be substituted. | |
| (2) | for the existing sub-section (8), the following sub-section shall be substituted; namely— | |
| (8) If any such person as is referred to in sub-section (1) or in sub-section (2) or in sub-section (3)— |
| (a) | fails to make the deduction of the amount deductible under this section the Assessing Authority may, after giving such person an opportunity of being heard, by order in writing, direct that such person shall pay, by way of penalty, a sum which shall not be less than one hundred fifteen per cent and not more than one hundred twenty five per cent of such amount deductible under this section; or | |
| (b) | after deductor fails to deposit the amount so deducted in to the Govt. Treasury as required in sub-section (4), the Assessing Authority may, after giving such person an opportunity of being heard, by order in writing, direct that such person shall |
| (i) | pay, by way of penalty, a sum equal to two per cent of such amount, if the delay in depositing such amount is not more than a month; and | |
| (ii) | pay, by way of penalty, a sum which shall not be less than fifteen per cent and not more than twenty five per cent of such amount, if the delay in depositing such amount is more than a month. |
| (3) | for the existing sub-section (10), the following sub-section shall be substituted; namely— | |
| (10) Without prejudice to the provisions of sub-section (8), where the amount has not been deposited after deduction, the Assessing Authority, after giving an opportunity of being heard, may pass an order directing such person to deposit such amount together with the interest referred to in sub-section (9) and such amount together with such interest shall be a charged upon all the assets of the person concerned. |
Amendment of sub-section (3) of section 50
5. For the first proviso of the existing sub-section (3) of section 50 of the “Principal Act”, the following proviso shall be substituted; namely—
provided that such assessment may be done in the cases arising before or after the date of commencement of this provision
Amendment of sub-section (10) of section 53
6. For the existing clause (b) of sub-section (10) of section 53 of the “Principal Act”, the following clause shall be substituted; namely—
| (b) | An appeal against an order or direction passed under the following provisions of the Act, shall be heard and disposed of by a bench of two members; |
| (i) | an order passed under section 52; | |
| (ii) | a direction given under sub-section (8) of section 43; | |
| (iii) | a direction given under sub-section (7) of section 43-A; | |
| (iv) | a direction given under sub-section (10) of section 48; | |
| (v) | a direction given under sub-section (7) of section 48-A |
Amendment of sub-section (1) of section 58
7. For clause (VII) in column-2 (Penalty) in the chart given in the existing sub-section (1) of section 58 of the “Principal Act”, following clause shall be substituted; namely—
(vii) (a)(i) a sum equal to five per cent of such tax if the delay in depositing such tax is not more than a month; and
(ii) a sum which shall not be less than ten per cent and not more than twenty per cent of such tax if the delay in depositing such tax is more than a month and the amount of such tax is up to twenty thousand; and
(iii) a sum which shall not be less than twenty per cent and not more than thirty per cent of such tax if the delay in depositing such tax is more than a month and the amount of such tax is more than twenty thousand.
(b)(i) a sum equal to five per cent of such tax if the delay in depositing such tax is not more than a month; and
(ii) a sum which shall not be less than ten per cent and not more than twenty per cent of such tax if the delay in depositing such tax is more than a month and the amount of such tax is up to twenty thousand; and
(iii) a sum which shall not be less than twenty per cent and not more than thirty per cent of such tax if the delay in depositing such tax is more than a month and the amount of such tax is more than twenty thousand.
(c) a sum not less than the amount of tax realized or realized in excess but not more than twice the said amount.