Section 94 in The Kerala Value Added Tax Act, 2003
94. Power of Authority to issue clarification.
(1)If any dispute arises, otherwise than in a proceedings before any appellate or revisional authority or in any court or tribunal, as to whether, for the purpose of this Act, -(a)any person is a dealer; or(b)any transaction is a sale; or(c)any particular dealer is required to be registered; or(d)any tax is payable in respect of any sale or purchase, or if tax is payable, the point and the rate thereof; or(e)any activity carried out in any goods amounts to or results in the manufacture of goods; such dispute an authority consisting of three officers in the rank of Joint Commissioner or Deputy Commissioner nominated by the Commissioner on application by a dealer or any other person.(1A)If the dispute relates to the tax rate of a commodity, the details of the first seller, or the manufacturer of such goods in the State, as the case may be, shall be furnished by the applicant and they shall be made necessary parties to such application.".(2)The Authority shall decide the question after giving the parties to the dispute a reasonable opportunity to put forward their case and produce evidence and after considering such evidence and hearing the parties. Commissioner may considering the fact in issue decide whether such orders have prospective operation only.(3)Every application by a dealer or any other person other than an officer acting on behalf of the Government under sub- section (1) shall be in such form as may be prescribed and shall be accompanied by a fee of five hundred rupees.(4)Where any question arises from any order already passed or any proceedings recorded under this Act, or any earlier law no such question shall be entertained for determination under sub- section (1).(5)Every order issued by the authority under sub- section (1) shall, subject to the provisions of section 62, be final and binding on the applicant and all authorities subordinate to the Commissioner. including Deputy Commissioner (Appeals) and Assistant Commissioner (Appeals)",(6)If no unanimous decision is arrived at by the authority, the matter shall be referred to the Commissioner who shall decide the same as if the application is filed before him.(7)If the order passed by the authority mentioned in sub-section (1) is found to be prejudicial to the revenue; the Commissioner may exercise his powers of suo moto revision, and may cancel, amend or vary such order:Provided that no order shall be passed under this sub-section, until the party is given an opportunity of being heard.(8)Where the Authority/Commissioner finds on a representation made to it by any officer or otherwise, that an order passed by it was obtained by the applicant by fraud or mis-representation of facts, it may, by order, declare such order to be void ab initio and thereupon all the provisions of this Act shall apply to the applicant as if such order had never been made.
