State of Punjab - Act
The Punjab Forward Contracts Tax Rules, 1951
PUNJAB
India
India
The Punjab Forward Contracts Tax Rules, 1951
Rule THE-PUNJAB-FORWARD-CONTRACTS-TAX-RULES-1951 of 1951
- Published on 22 June 1951
- Commenced on 22 June 1951
- [This is the version of this document from 22 June 1951.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
2. They shall come into force on the 1st July, 1951.
Definitions2.
In these rules, unless there is anything repugnant in the subject or context:-3.
4.
5.
When a registered dealer makes any report, as required under section 13, he shall, within 14 days of the contingency arising, send his registration certificate to the Commissioner, together with the requisite information. On receipt of this information, the Commissioner may amend, replace or cancel the registration certificate, as the case may be.Returns of Turnover6.
7.
8.
The Assessing Authority may depute an Inspector, who has been authorised in writing in this behalf, tohear the dealer's objection and to record any evidence brought in support thereof.9.
Every Assessing Authority shall mantain a register in form F.C. X, in which he shall enter the details of each case instituted under rule 7.10.
A dealer who has been served with a notice under rule 7(2) may prefer an objection in writing personally or through an agent. No fee shall payable in respect of any such objection.11.
After considering any objection made by the dealer and any evidence produced in support thereof, the Assessing Authority, after giving the dealer an opportunity of being heard, shall assess the amount of tax (if any) and impose the penalty (if any) to be paid by the dealer.Payment of Tax and other dues12.
13.
14.
15.
The appropriate Assessing Authority shall maintain a daily Demand and Collection Register in form F.C. VII, in which he shall record the receipt of every challan produced in proof of payment of tax by the dealer in his jurisdiction.16.
The appropriate Assessing Authority shall maintain a Demand and Collection Register in form F.C. VIII, showing the payment of tax, penalty, composition money and other fees by the dealers in his jurisdiction.17.
Every Treasury Officer shall send to the District Excise and Taxation Office concerned, within the first week of each month, a statement of the amounts credited into the treasury under the Act and these rules during the proceding month.18.
19.
* *20.
See Punjab Government Notification No. 6225-E&T-55/4036, dated 3.12.1955.Refund of excess tax paid21.
An application from a dealer for refund of excess tax paid shall be made to the appropriate Assessing Authority and it shall clearly and briefly specify the grounds on which the refund is claimed.22.
When the Assessing Authority is satisfied that a refund is due, he shall, except as provided in rule 23, record an order sanctioning the refund and communicate the order to applicant.23.
The appropriate Assessing Authority shall, if the amount to be refunded exceeds five hundered rupees, submit the application, with his opinion thereon to, the Deputy Excise and Taxation Commissioner concerned for order.24.
When an order for a refund has been passed under rule 22 or rule 23, the appropriate Assessing Authority shall, if the dealer desires payment in cash, issue a refund voucher, and shall make it over to the dealer for encashment at the appropriate Government treasury.25.
If the dealer desires payment by adjustment against any amount subsequently payable by him, the appropriate Assessing Authority shall issue a Refund Adjustment order in Form F.C. XII, authorising the dealer to deduct the sum to be refunded from the amount payable in respect of the return-period following sanction of the refund.26.
In support of a claim for deduction according to rule 25 a dealer shall attach the Refund Adjustment order to the next return in form F.C. V. to be furnished by him.27.
After allowing such deduction, the appropriate Assessing Authority shall cause the Refund Adjustment order to be cancelled.28.
The appropriate Assessing Authority shall enter in a register in from F.C. XIII particulars of applications for refund and of the orders passed thereon.Information to be furnished regarding death of a dealer29.
When any registered dealer dies, his legal representative shall inform the appropriate Assessing Authority within one month from the death of the dealer.Appeal and Revision30.
An appeal against an order of assessment passed by an Assessing Authority shall lie to the Deputy Excise and Taxation Commissioner concerned (hereafter referred to as the appellate authority).31.
A memorandum of appeal shall be presented to the appellate authority by the appellant, or his agent, or it may be sent to the appellate authority by registered post.32.
33.
34.
The provisions of rules 32 and 33 shall apply mutatis muandis to every application for revision; provided that the provisions of sub-clause (a) of clause (3) of rule 32 shall not apply to an application for revision of any order other than an order of assessment made under section 8 of the Act.Reassessment of tax and rectification of clerical or arithmetical mistakes35.
If, in consequence of definite information which has come into his possession, the appropriate Assessing Authority discovers that the turnover of a dealer has been under- assessed or has escaped assessment in any year, the appropriate Assessing Authority may, at any time within a period of two years following the close of the year for which the turnover is proposed to be reassessed, send a notice to the dealer in from F.C. XIV and, after hearing him and making such enquiry as authority consider necessary, may proceed to reassess the tax payable on the turnover which has been under-assessed or has escaped assessment.36.
37.
38.
Service of any notice, summons o[r order under the Act or these rules may be effected in any of the following ways, namely:-39.
The following fees shall be payable in the Court-fee stamps:40. [ [Punjab Government Notification No. 4239-E&T-51/2796, dated 22.6.1951.]
41.
42.
Government may relax the provisions of any of these rules in any case where the circumstances render it necessary in the interest of justice and equity:Provided that such relaxation does not place any person affected thereby in a position of disadvantage compared with that which he would have occupied if the rule had been applied without the relaxation.Delegation of routine duties43.
An Assessing authority may, by an order in writing authorise generally in any particular case any person subordinate to and working under his authority to exercise the powers conferred upon such authority under these rules, to prepare and sign receipts, notices, challans and other documents and register, required to be drawn up, maintained or issued under the Act or these rules.Power to extend time44.
Where in these rules a period is prescribed for doing a certain act the appropriate Assessing Authority may for special reason to be recorded in writing extend that period from time to time.Authority to withdraw prosecution45.
An appellate authority or revising authority may, on its own motion or on an application in that behalf, withdraw a complaint filed by an Assessing Authority.Business owned by a person under disability46.
A trustee, a guardian or manager (whether appointed by a Court or otherwise), or the Court of Wards, carrying on a business on behalf of an owners, who is under disability, shall be liable to perform all obligations imposed by the Act and these rules in respect of such business to the same extent as the owner would have been liable if he had not been under disability and had been carrying on the business himself.Business forming part of estate under the control of a Court47.
The Administrator-General, the Official Trustee, an executor or Administrator under the Indian Succession Act, 1925, or any Receiver, carrying on any business forming part of an estate place under his control by order of a Court, shall be liable to perform all obligations imposed by the Act and these rules in respect of such business to the same extent as if he were the owner of the business and shall also be liable to pay tax assessed or penalty imposed thereon for the period during which he remained in control thereof.Penalties48.
Whoever commits a breach of any provision of these rules shall be punishable, on conviction by a Magistrate of the first class, with a fine, which may extend to five hundred rupees, and in the case of a continuing breach, with a daily fine, which may extend to twenty-five rupees.FORM F.C. IApplication for registration under section 6 of the Punjab Forward Contracts Tax Act, 1951(See Rule 31 of the Punjab Forward Contracts Tax Rules, 1951)TOTHE ASSESSING AUTHORITY,______________________________ DISTRICT.I-----------------, proprietor/manager/partner/director of the business known as --------- situated at ---------------, hereby apply on behalf of the said business for a certificate of registration under the Punjab Forward Contracts Tax Act, 1951, and attach herewith a treasury/bank receipt for Rs. 5 being the registration fee.2. The name and address of the proprietor/the names and addresses of the partners of the business/of all persons having any interest in the business, together with their age, father's name, permanent home address are as under (to be filled in if the applicant is not a company incorporated under the [Indian Companies Act 1913] [Now the Companies Act, 1956, vide section 644 thereof.], or under any other law):
| Name | Father's name | Address | Age | Home address |
3. The proprietor/or any partner of, or any other person having an interest in the business/has interest in no other business anywhere in India/has interest in the following other business in India :-
| Name of the proprietor, partner or other person | Name and particulars of the business | Addresses of places of business. |
4. The business, in respect of which his application is made, has been registered with the Registrar of Joint Stock Companies, Punjab (if any other State, the name of the State).
5. The proprietor, partner or other person is/are members of the -------- (here insert the name of the Chamber of Commerce, Trade Association, or Beopar Mandal of which the dealer is a member).
6. The business keeps accounts in ------------- script.
7. The annual accounts are made up for sales up to date at the end of every year.
8. My business in forward contracts is in respect of the following commodities :-
| ------------------------ | ------------------------------- | |
| ------------------------ | ------------------------------- | |
| ------------------------ | ------------------------------- |
| 9. I| am alsoam not| registered under the Punjab General sales Tax Act, 1948, my registration certificate being No. ---------------- |
2. The return in form F.C. V. shall be furnished by the dealer monthly.
3. The tax is payable monthly before furnishing the return .
(Signature)________________Assessing AuthorityDate _________________Note. - (1) This registration certificate shall be displayed prominently by the dealer at his busines premises, and it shall be produced for inspection on demand any person exercising authority under the Act and these rules.| Registration certificate | ||||||
| Serial No. | Dealer's name and address | Place of business | Name of goods concerned in forward contracts | Number | Date | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Financial Year | ______________Dated |
| Registration certificate | ||||||
| Serial No. | Dealer's name and address | Place of business | Name of goods concerned in forward contracts | Number | Date | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Name of goods | Number of units of each category of goods | Tax due | Tax deposited into treasury | Remarks |
| 1 | 2 | 3 | 4 | 5 |
| Rs. | Rs. |
2. My turnover in forward contracts during the return period effected through the following dealers, is as under:-
| Name and address of the dealer through whom business was done | No. of registration certificate of the dealer in column (1) | Amount of tax due | Name of goods concerned | No. of units of each category of goods | Amount of Tax paid to the dealer mentioned in column (1) | Amount of tax paid into the treasury | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Rs. | Rs. | Rs. | |||||
3. Amount of tax paid to other dealer Rs. ----------
4. Amount of tax deposited into the treasury Rs. ------
5. (For Chambers and Association only):-
| Serial No. | Name and address of the dealer | No. of Registration certificate | Amount of tax recovered from the dealer | Amount of tax deposited into treasury. |
| 1 | 2 | 3 | 4 | 5, |
| Rs. | Rs. | |||
| Financial Year | District________________________ |
| Date | Name and Address of the Delaer | Number of Registration Certificate | Collection on Account of | Number and Date of Tresuar Challan | Remarks | |||||
| Forward contracts Tax | Penalty | Composition Money | Registration Fee | Other fees | Total | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| Rs. | Rs. | Rs. | Rs. | Rs. | Rs. |
| Financial Year | District________________________ |
| Serial No. | Name and address of the dealer | Registration No. | Amount of tax deposited voluntarily | ||||||||||
| April | May | June | July | Aug | Sep | Oct | Nov | Dec | Jan | Feb | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | Rs. |
| Amount of tax deposited voluntarily- concld. | Amount of tax assessed and Penalty imposed under section 8 | Net amount due (column 21 minus column | No. and date treasury challan vide which paid | Initial of Assesing Authority with due | Remarks | |||||
| March | Total | Tax | Penalty | Composition Money | Other fees | Total | ||||
| 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 |
| Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | Rs. |
| Financial Year_______________ | District___________________ |
| Serial No. | Name and address of the dealer | No of registration certificate | Date of issue of notice | Date of final order | Gist of the final order | Initial of Assessing Authority | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 1 | Tax assessed | .. | Rs.________________________ |
| 2 | Penalty imposed | .. | Rs.________________________ |
| 3 | Less amount paid already | .. | Rs.________________________ |
| Less amount paid already | .. | Rs.________________________ | |
| Net amount due | .. | Rs.________________________ |
2. A challan in form F.C. VI is enclosed for the purpose.
Signature ..............Assessing Authority(Seal of Assessing Authority)Date_______________DistrictFORM F.C. XIIRefund Adjustment Order(See Rule 25 of the Punjab Forward Contracts Tax Rules, 1951)RefundsBook No........Voucher No.....To___________________________________________________1. Certified with reference to the assessment records of (Name of dealer) ..........bearing registration certificate number .........of ..... district, for the period from ...........to ......., that a refund of Rs................ (in figures), (rupees) ..................(in words), is due to........... (Name of dealer)..
2. Certified that the tax concerning which this refund is allowed has been credited into the treasury.
3. Certified that no refund order regarding the sum in question has previously been granted and this order of refund has been entered in the original file of assessment under my signature.
4. This refund will be adjusted towards the amount of tax due from the said dealer for the month ..............19.........., or any subsequent period.
5. The dealer shall attach this order to the return to the furnished by him for the month, against which the adjustment is desired.
SignatureAssessing Authority(Seal of Assessing Authority)Dated........... 19._____________DistrictFORM F.C. XIIIRegister of application for refund of Forward Contracts Tax(See Rule 28 of the Punjab Forward Contracts Tax Rules, 1951).Financial Year.......................| Serial No. | Name and address of the applicant | Registration certificate number of the applicant | Date of application for refund | Date of the order of assessment or where an appeal waspreferred the date of passing of order by the appellate authority | Period of assessment for which refund is claimed | Amount of refund applied for | Amount if any ordered to be refunded |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Rs. | Rs. |
| Name and designation o the officer allowing the refund | Method of refund | Number and date of issue of the refund voucher or RefundAdjustment Order | Signature of the officer issuing | Date of encashment or adjustment | Period of assessment towards which the adjustment is made | Remarks |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| No. | Dated the, | Distt. 19 |
| No._____________, | dated the | ____________Distt. 19. |
| 1 | Tax assessed | .. | Rs.________________________ |
| 2 | Penalty imposed | .. | Rs.________________________ |
| Total | .. | Rs.________________________ | |
| Less amount paid already | .. | Rs.________________________ | |
| Net amount due | .. | Rs.________________________ |