Section 25E in Kerala Finance Act, 2016

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State of Kerala - Section

Section 25E in Kerala Finance Act, 2016

25E. Special provision for assessment and payment of tax for presumptive dealers. - (1) Notwithstanding anything contained in this Act or rules made thereunder or in any judgment, decree or order of any court, tribunal or appellate or revisional authority or any assessment orders or penalty orders issued under this Act, the dealers who have opted to pay tax under sub-section (5) of section 6 and with regard to whom unaccounted purchases have been detected by the assessing authority for the period up to 31st March, 2016, may opt to settle their cases by paying tax at the scheduled rates on such unaccounted purchases with an addition of 5% gross profit and on payment of such tax, all penalties and interest including penalty under sub-section (7) of section 22, shall stand waived and it shall be subject to the following conditions, namely:-

(a)Any dealer who opt for this scheme shall obtain Tax payers identification Number (TIN) under this Act with effect from 1st Apli1, 2016;(b)All pending cases in any Forum shall be withdrawn and evidence to that effect shall be produced before the assessing authority;(c)Such option and settlement shall cover all the financial years, in which unaccounted purchases have been detected; and(d)such further condition, if any, as may be specified:Provided that dealers who have opted to pay tax under sub-section (5) of section 6 and with regard to whom unaccounted purchases have not been detected by the assessing authority for the period up to 31st March, 2016. may also voluntarily declare their unaccounted purchases, and opt tor the scheme mentioned in sub-section (1), and on doing so, no further action under this Act shall be initiated against such dealers with regard to the same.

(2)For settling the cases under sub-section (1), the assesee shall tile option before the assessing authority within three months from the date of declaring the scheme:Provided that in cases where no notice or orders has been issued by the assessing authority, regarding the unaccounted purchases detected by such authority mentioned in sub-section (1), the assessing authority shall intimate the dealer regarding the cases pending against him, to enable him to file option under the scheme.

(3)On receipt of the option, the assessing authority shall intimate by order, the· details of the evidence before him and the amount of tax to be paid, calculated in accordance with sub-section (1).

(4)Thirty percent of the amount shall be paid within fourteen days from the receipt of the order under sub-section (2) and the balance in twelve equal monthly instalments or in lump sum at his option, and the last date for fulfilment of payment under this section shall be the date of payment of the twelfth instalment.

(5)Without prejudice to the provisions of this section or notice made thereunder, the Commissioner may issue such instructions to the assessing authorities and the .dealers for the effective implementation of the scheme.

(6)No further action under any of the provisions of this Act shall be invoked by the assessing authority with regard to the unaccounted purchases settled by the dealer under this section or other irregularities in accounts, which resulted from such unaccounted purchases, and no appeal or revision shall lie against the amount so settled under this section."

(7)in section 40, after the second proviso the following proviso shall be inserted namely:-"Provided also that every dealer whose total turnover for the· previous year had exceeded rupees five crores shall get the bill or invoice or cash memorandum in respect of every sale, uploaded on a real time basis through the portal of the dealer in the Kerala Value Added Tax Information System in the manner and subject to .such restrictions and conditions as may be prescribed:":

(8)in section 42,-

(a)in sub-section (1), after the second proviso, the following proviso shall be inserted, namely:-

"Provided also that with respect to units of Kerala State Electricity Board Ltd. which obtained separate registration as per sub-section (3) of section 20 shall file trial balance for each such units, along with audited statement of accounts and certificate of the company."

(b)after sub-section (2), the following sub-section shall be inserted, namely:-

"(3) Notwithstanding anything to the contrary contained in this Act, if a dealer.

(i)fails to file audited accounts referred to in sub-section (1), or

(ii)tails to file revised annual return rectifYing the mistake or omission, along with the audited statement of accounts and certificate or if the variance in the audited statement of accounts with the returns is not satisfactorily explained in the reconciliation statement prescribed, or

(iii)fails to file the annexures, statements, certificates, declarations, including the statutory declarations to be filed under the Central Sales Tax Act, 1956 which are required to be filed along with the returns to prove the correctness of the concessional rate of tax, exemptions and exports claimed in the returns, or

(iv)fails to declare any sale, purchase or interstate stock transfer as evidenced from the documents prescribed under section 46 available with the assessing authority in the sales and purchase lists filed along with the returns, the assessment of such dealer for the relevant year for the purpose of section 25 shall be treated as pending and the time limit mentioned thereunder shall not be applicable in such cases."

(9)in section 46, in sub-section (3), after clause (e), the following clause shall be inserted, namely:-"(f) when goods are transported out of the State through coastal cargo, air or railways, such dealer or person or his agents by whatever name called, shall furnish a declaration to such authority in such manner as may be prescribed.";

(10)in section 47, in sub-section (11), after the words, figure and symbol "sub-section (9) shall be" the words "confiscated and" shall be inserted;

(11)in section 48, in sub-section (1), for the words "one hundred rupees", the words "two hundred and fifty rupees" shall be substituted;

(12)in section 55, in sub-section (4), after the existing proviso, the following proviso shall be inserted, namely:-"Provided fm1her that where the appellant remits 20% of the disputed amount of tax along with collected tax, if any, further proceedings against recovery shall stand stayed till disposal of the appeal.";

(13)after section 58, the following section shall be inserted, namely:-"58A. Powers of revision of the Commissioner suo-motu on the orders passed by Deputy Commissioner (Appeals) under section 55 of the Act. - (1) Notwithstanding anything contained in sub-section (4) of section 3, the Commissioner or any Joint Commissioner authorized by him in this behalf, may suo-motu call for and examine any order passed by Deputy Commissioner (Appeals) or Assistant Commissioner (Appeals) under section 55, along with records thereof, which in his opinion is prejudicial to the interest of revenue and may make such enquiry or cause such enquiry to be made and subject to the provisions of this Act may pass such orders as he deems fit.

(2)The Commissioner or Joint Commissioner shall not pass any order under sub-section (1), if,-

(a)the order has been made on subject matter of an appeal before the Appellate Tribunal or of a revision before the High Court; or

(b)more than one year have expired from the year in which the order referred to therein has been passed.

(3)Notwithstanding anything contained in sub-section (2), the Commissioner may pass an order under sub-section (1) on any point which has not been decided in an appeal or revision referred to in clause (a) of sub-sect-ion (2), before the expiry of a period of one year from the date of the order in such appeal or revision.

(4)No order under this section adversely affecting a person shall be passed unless that person has been given a reasonable oppm1unity of being heard.";

(14)in section 62, in sub-section (1), for the word and figure "section 58", the words, figure, letter and symbol "section 58, section 58A" shall be substituted.;

(15)in section 88, in item (e), the following shall be added, namely:-"by sending it through the portal of the registered dealer in the Kerala Value Added Tax information System (KVATIS) along with an alert through short message service (SMS) in the phone number declared by the dealer with the department.";

(16)in the Schedules,-

(a)in the First Schedule,-

(i)in serial number 2, after sub-item (9), the following items shall be inserted, namely:-

"(10) Braille Printer	****
(11) Assistive devices for visually challenged persons like whitecane and electronic cane.	****"·

(ii)in serial number 9A,-

(a)in the entry against it in column (2), the following words shall be added at the end, namely:-

"with or without MS-rod and MS-flat";

(b)the following Note shall be inserted, namely:"

"Note: This entry shall be deemed to have come into force on and from the 1st day of April, 2005."

(iii)after serial number 11 A and the entries against it in columns (2) and (3), the following serial nun1ber and entries shall, respectively, be inserted, namely:-

"11 B. Cleaning liquids for removing pesticides residue from vegetables manufactured by units using the technology developed by Kerala Agiicultural University or other recognized institution."

(iv)serial number 12B and the entries against it In columns (2) and (3) shall be omitted:

(v)for serial number 16 and the entries against it in t columns (2) and (3), the following serial number and entries shall respectively, be substituted, namely:-

"16. Earthen pots made from earth clay including flowerpots,receptacles, statues and earthen1 oven.

****"·

(vi)in serial number 18A,-

(a)in the heading the following words shall be inserted at the end, namely:-

"other than those specifically mentioned in the Third Schedule";

(b)the entries in column (3) against sub-item (1) shall be omitted;

(vii)after serial number 31 and the entries against it in columns (2) and (3), the following serial number and entries shall, respectively, be inserted, namely:-

"31A. Municipal Plastic Waste.

**** "·

(viii)in serial number 42A,-

(a)in the heading in column (2), the following words shall be added at the end, namely:-

"other than those specifically mentioned in Third Schedule."

(b)the entry in column (3) of sub-item (1), shall be omitted.

(ix)serial number 42B in column (1) and the entries against it in columns (2) and (3) shall be omitted;

(x)in serial number 63, in the entry in column (2) after the words, "used plastic" the words "plastic scrap, waste chips, parings" shall be inserted;

(b)in the Second Schedule,-

(i)serial number 2D and the entries against it in columns (2) and (3) shall be omitted;

(ii)serial numbers 7 A, 8, 9 and 10 and the entries against it in columns (2) and (3) shall be omitted;

(c)in the Third Schedule,-

(i)after serial number 5A and the entries against it in columns (2) and (3), the following serial number and entries shall, respectively, be inserted, namely:-

"5B. Alta, maida, sooji and rava sold in packages with MRP printed on such packages."

(ii)after serial number 8, the entry against it in columns (2) and (3), the following serial number and entries shall, respectively, be inserted, namely:-

"8A. Basmati Rice sold in packages with MRP printed on such packages."

(iii)after serial number 24 and the entries against it in columns (2) and (3), the following serial number and entries shall, respectively, be inserted, namely:-

"24A Coconut Oil

**** "·

(iv)for serial number 30A and the entries against it in columns (2) and (3), the following serial number and entries shall, respectively, be inserted. namely:-

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State of Kerala - Section

Section 25E in Kerala Finance Act, 2016