Notification No. 49-Leg/2013.- Dated 15th November, 2013
The
following Act of the Legislature of the State of Punjab received the
assent of the Governor of Punjab on the 15th Day of November, 2013, is
hereby published for general information:-
THE PUNJAB VALUE ADDED TAX (SECOND AMENDMENT) ACT, 2013
(Punjab Act No. 38 of 2013)
AN
ACT
further to amend the Punjab Value Added Tax Act, 2005.
BE it enacted by the Legislature of the State of Punjab in the Sixty fourth Year of the Republic of India, as follows:-
1. Short Title and Commencement
(1) This Act may he Called the Punjab Value Added Tax (Second Amendment) Act, 2013.
(2) it shall come into force on and with effect from the date of its publication in the Official Gazette:
Provided
that amendment of sub-section (1) of section 13 shall come into force
on and with, effect from the 1st day of April, 2014 and omission of
sub-section (1-A) of Section 13 shall be deemed to have come into force
on and with effect from the 4th day of October 2013.
2. Amendment in Section 4 of Punjab Act 8 of 2005
In
the Punjab Value Added Tax Act, 2005 (hereinafter referred to as the
principal Act), in section 4, for sub-section (2), the following
sub-section shall be substituted namely:-
"(2) The Tribunal may consist of a Chairman and three other members to be appointed by the State Government from time to time,".
3. Amendment in Section 6 of Punjab Act 8 of 2005
In the principal Act, in section 6, for sub-section (7) the following sub-section shall be substituted namely:-
(7)
(a) Notwithstanding anything contained in this act or the Rules made
thereunder the State Government may by notification specify The goods on
which a taxable person shall pay tax in advance at the rates notified
by the Government but not exceeding the rates including surcharge
applicable on such goods under this Act. when he imports such goods into
the State subject to such conditions. as the State Government may
specify in the notification. the aforesaid payment of tax in advance
shall be counted towards the final tax liability of the taxable person:
Provided
that the State Government may by notification exempt any taxable person
or class of taxable persons from payment of tax in advance or reduce
the rate of payment of tax in advance subject to such conditions, as may
be notified:
Provided
further that if on an application made by a taxable person, the
Commissioner or an officer authorized by him, after verifying all
aspects of the case, arrives at a decision that such taxable person
should be exempted from payment of tax in advance or that the rate of
payment of tax in advance should be reduced for such taxable person, he
may do so and impose such terms and conditions on such taxable person as
he may deem fit.
Explanation--
The taxable person, who imports goods into the State, shall pay tax in
advance, on the presumption that such goods are meant for the purposes
of sale or for use in manufacture or processing of goods meant for sale,
unless, it is proved otherwise by such taxable person. It is further
presumed, unless, it is proved otherwise by such taxable person, that
such goods or any product manufactured therefrom, shall not be sold
below the price at which such goods have been purchased and imported in
the State.
(b)
The tax already paid in advance under the provisions of subsection (7)
of section 6 as it existed prior to commencement of the Punjab Value
Added Tax (Second Amendment) Act, 2013, shall be deemed to have been
paid tax in advance under the provisions of clause (a).".
4. Insertion of new Sections 8-C, 8-D, and 8-E in Punjab Act 8 of 2005
In the principal Act, after section 8-B, the following sections shall be inserted, namely:-
"8-C. Tax on Maximum Retail Price
(1)
Notwithstanding anything contained in this Act, the State Government ,
if satisfied that it is necessary or expedient so to do in public
interest, may, by notification in the official Gazette, direct that, in
respect of any goods or class of goods covered under the Standards of
Weights and Measures (Packaged Commodities) Rules, 1977, a taxable
person who is a manufacturer or a first importer of goods, may, ay his
option, pay tax on The basis of Maximum Retail Price (MRP) as printed
upon such goods subject to such conditions as the State Government may
specify in The notification.
(2)
A taxable person, who opts to pay tax as provided under sub-section
(1), shall pay tax at the rate as notified by the State Government on
the value of Maximum Retail Price (MRP) by issuing an invoice showing
value of goods and Tax separately, as Maximum Retail Price (MRP) printed
would be inclusive of the tax payable. For The purpose of computing tax
liability, such a taxable person shall not be entitled to claim any
deduction on account of any trade discount or incentive in terms of
quantity or cash discount that he may have given to the purchaser.
(3)
The taxable person, who has opted under sub-section (1), shall be at
liberty to cancel his option by making an application to the designated
officer, in such form and subject to such conditions as the State
Government may specify in the notification,
(4)
All subsequent taxable persons, purchasing goods on which tax on the
basis of Maximum Retail Price (MRP) as provided under sub-sect ion (1)
has already been paid, shall be exempted from payment of tax on the sale
of such goods, subject to such conditions as the Slate Government may
specify in the notification.
8-D. Power to grant tax incentives to certain class of industries
Notwithstanding
anything contained in this Act, the State Government may, if satisfied
that it is necessary or expedient so to do in the interest of industrial
development of the State, grant tax incentives to such class of
industries for such period and subject to such conditions, as may be
prescribed, in the case of industries, which came into production for
the first time, as and when notified in the Industrial Policy framed by
the Department of Industries.
8-E. Retention of tax collected
Notwithstanding
Anything contained in the Act, the State Government, may, if satisfied
that it is necessary or expedient to do in the interest of industrial
development of the State, allow retention of tax collected in such class
of industries subject to such conditions, as may be prescribed.".
5. Amendment in Section 13 of Punjab Act 8 of 2005
In the principal Act, in section 13,
in sub-section (1), for the first proviso, the following proviso shall be substituted, namely:-
Provided
that the input tax shall not be available as input tax Credit unless
such goods are sold within the State or in the course of inter-State
trade or commerce or in the course of export or are used in the
manufacture, processing or packing of taxable goods for sale within the
State or in the course of inter-State trade or commerce or in the course
of export.";
(ii) sub-section (1-A) shall be omitted;
(iii) For sub-section (9), the following sub-section shall be substituted, namely :-
(9)
A person shall reverse input tax credit availed by him on goods which
remained in stock at the time of closure of the business.": and
(iv) for sub-section (12) the following sub-.section shall be substituted, namely:-
(12)
Save as otherwise provided hereinafter, input tax credit shall be
claimed only against the original VAT invoice and will be claimed during
the period in which such invoice is received. The input tax shall he
utilized In accordance with the conditions mentioned in this section,
but in no case the amount of input tax credit on any purchase of goods
shall exceed the amount of tax, in respect of the same goods or goods
used in manufacture of same goods. actually paid, if any. under this
Act, into the Government treasury.".
6. Amendment in Section 29 of Punjab Act 8 of 2005
In the principal Act, in section 29:-
(i) For sub-section (4) the following sub-section shall be substituted, namely:-
"'(4)
An assessment under sub-section (2) or sub-section (3), may be made
within a period of six years after the date when the annual statement
was filed or due to be filed, whichever is later:
Provided
that the assessment under sub-section (2) or sub-section (3), in
respect of which annual statement for the assessment year 2006-07 has
already been filed, can be made till the 20th day of November, 2014.
Explanations:
(1) The limitation period of six years for an assessment under
sub-section (2) or sub-section (3), shall also apply to those cases in
which the aforesaid period of six years has yet not expired.
(2)
It is clarified that prior to commencement of the Punjab Value Added
Tax (Second Amendment) Act, 2013, the Commissioner was not required to
issue any notice to the concerned person before extending the limitation
period of assessment.": and
(ii) after sub-section (10), the following sub-section shall be inserted, namely:-
"(10-A)
Notwithstanding any thing to the contrary contained in any judgement,
decree or order of any court, tribunal or other authority, an order
passed by the Commissioner under sub-section (4) prior to commencement
of the Punjab Value Added Tax (Second Amendment) Act, 2013, shall not be
invalid on the ground of prior service of notice or communication of
such order to the concerned person.".
7. Insertion of new Section 39-A in Punjab Act 8 of 2005
In the principal Act after section 39, the following new section shall be inserted, namely:-
"39-A. Punjab VAT Refund Fund
(1)
There shall be constituted a fund to be called the Punjab VAT Refund
Fund, which shall be maintained and operated by the Department of Excise
and Taxation in such manner, as may be prescribed.
(2)
The amount collected on account of advance tax under sub-section (7) of
section 6, shall directly be credited in to the Punjab VAT Refund fund.
(3)
After allowing refund claims from the fund, the balance amount in the
fund, shall be deposited in the Consolidated fund of the State, as may
be prescribed ".
8. Insertion of new Section 46-A in Punjab Act 8 of 2005
In the principal Act. after section 46, the following new section shall he inserted, namely:-
"46-A. Power to purchase under priced goods
(1) Where a designated officer has, for the purpose of any proceeding under this Act, reasons to believe that
any of the goods as notified by the State Government Whether in stock
or in transit, are underpriced as shown in a document or book of account
produced before him, he may, with the prior approval of the
Commissioner or such other officer, as the Commissioner may, in writing,
authorise for the purpose, make an offer to purchase such goods at the
price shown in the document or book of account, increased by ten per
cent plus freight and other expenses, if any, incurred by the owner in
relation to the goods.
(2)
If the owner of the goods accepts the offer, as provided under
sub-section (1), he shall make delivery of the goods on a date, time and
at such place, as specified by the officer making the offer and shall
be paid the offered price with other expenses within a period of ten
days of the delivery of the goods, but, if he rejects the offer, or
after accepting the offer fails to deliver the goods on the specified
date, time and at the specified place, it shall be construed as a
conclusive proof that the owner has under priced the goods and the price
of the goods as determined by the designated officer to the best of his
judgement shall be considered as the actual price of such goods.
(3)
The goods purchased under sub-section (2), shall be sold by public
auction in the manner, as may he prescribed as early as possible. but,
if the goods are of a perishable nature or subject to speedy and natural
decay or are such as may, if held, lose their value or when the
expenses of keeping them are likely to exceed their value, then, such
goods shall he immediately sold or otherwise disposed of in the manner,
as may be prescribed. The sale proceeds of the goods or the amount
obtained by disposal of the goods shall be deposited in the Government
treasury.''.
9. Amendment in Section 51 of Punjab Act 8 of 2005
In the principal Act. in section 51:-
(i) in sub-section (6), for clause (b) the following clause shall be substituted, namely:-
"(b)
If the owner or the person incharge of the goods has not submitted the
documents as mentioned in sub-sections (2) and (4) or has not submitted
the information, as specified in the rules at the nearest check post or
information collection centre, in the State, as the case may be, on his
entry into or before exit from the State, such goods shall be detained
along with the vehicle for a period not exceeding seventy two hours
subject to orders under clause (c) of sub-section (7).
Note:-
(1) "Person in charge of the goods" shall include carrier of goods or
agent of a transport company or booking agency or any other bailee for
transportation and in-charge or owner of a bonded warehouse or of any
other warehouse.
(2) "information collection centre" shall include Virtual information collection centre,", and
(ii) after sub-section (12), the following sub-section shall be inserted, namely:-
"(12-A)
Where a goods vehicle is found transporting the goods on an escape
route and a penalty exceeding rupees two lacs has been imposed upon the
owner of the goods under clause (c) of sub-section (7) and if the
officer imposing the penalty is satisfied that the owner of the goods
vehicle or the transporter is also involved in committing the aforesaid
offence, then the owner of the goods vehicle or the transporter, as the
case may be, shall also be liable to pay a penalty of rupees twenty five
thousands for the first lime of occurrence of such an offence and if
the same vehicle is again found to be involved in such Like an offence
and a penalty exceeding rupees two lac is again imposed, then such
officer shall order the confiscation of the goods vehicle, The goods
vehicle so confiscated, shall be sold by public auction in the
prescribed manner.
Note. An 'escape route' shall mean the route on the way of which no Information Collection Centre is located.''.
10. Amendment in Section 56 of Punjab Act 8 of 2005
In
the principal Act, in section 56, in the last line, for the sign ".",
the sign ":" shall be substituted and thereafter, the following proviso
shall be added, namely:-
"Provided
that in case a person, who has availed of a refund under a star
rating/fast track refund scheme, as may be prescribed, is subsequently
found to have willfully or fraudulently claimed refund which was not due
to him, he shall be liable to pay penalty subject to the maximum of
five times the refund amount so claimed, as may be prescribed by State
Government, in addition to the payment of refund amount so claimed and
interest payable thereon.".
11. Amendment in Section 66 of Punjab Act 8 of 2005
In the principal Act, in section 66, for sub-section (2), the following sub-section shall be substituted, namely :-
"(2)
The Tribunal may suo-moto or on a reference from the affected person of
the Commissioner or any other officer so authorised by the Commissioner
may, consider rectification of a mistake or an error apparent from the
record in an order within a period of five years from the date of
passing of such order:
Provided
that on such rectification shall be made, if it has the effect of
enhancing the tax or reducing the amount of refund without affording an
opportunity of being heard to the affected person.
Explanation:
Error apparent from the record in an order shall include an order that
has become erroneous as a result of amendment of this Act.",
H.P.S. MAHAL,
Secretary to Government of Punjab.
Department of Legal and Legislative Affairs
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