State of Goa - Act
Goa Tax on Entry of Goods Rules, 2000
GOA
India
India
Goa Tax on Entry of Goods Rules, 2000
Rule GOA-TAX-ON-ENTRY-OF-GOODS-RULES-2000 of 2000
- Published on 8 September 2000
- Commenced on 8 September 2000
- [This is the version of this document from 8 September 2000.]
- [Note: The original publication document is not available and this content could not be verified.]
5.
/21/2000-Fin(R&C)(1). - In exercise of the powers conferred by section 49 read with sections 8(1), 14, 18, 19, 28, 29 and 33 of the Goa Tax on Entry of Goods Act, 2000 (Goa Act 14 of 2000), the Government of Goa hereby makes the following rules, namely:-1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires,-3. Registering authority and assessing authority, for dealers having more than one place of business.
- In the case of dealers having more than one place of business, the authority having jurisdiction over the principal place of business shall be the registering authority and assessing authority.4. Registration of dealers.
5. Amendment of registration Certificate.
6. Issue of duplicate registration Certificate.
- Where the registration Certificate granted under these rules is lost, destroyed, defaced or mutilated, a duplicate copy of the registration Certificate may be granted by the registering authority, if he is satisfied of such loss, destruction, defacement or mutilation, on payment of a fee of ten rupees.7. Security to be furnished by certain dealers.
8. Payment of tax in advance.
9. Form of returns.
- The return to be submitted under section 14 of the Act shall be in Form-28 hereto.10. Statements and returns to be submitted by the Head Office.
11. Annual returns and final assessment.
12. Exemption and deductions.
13. Conditions for remission of penalty.
- In respect of penalty accrued under sub-section (2) of section 19 of the Act, in a case where such penalty is not exceeding two lakh rupees, the Commissioner and in other cases, the Government shall, for reasons to be recorded in writing, have power to remit the whole or part of such penalty:Provided that, no remission shall be made in a case in which the amount of tax finally determined is not paid in full.14. Instalments for payment of finally assessed tax.
15. Nature of accounts to be maintained by dealers.
16. Appeal against orders of assessing authorities.
17. Appeal to the Tribunal.
18. Procedure in case of death of an appellant or applicant.
19. Furnishing of security by an appellant.
- The security to be furnished by an appellant under the proviso to clause (b) of sub-section (3) of section 28 of the Act shall be property security or Bank guarantee as the authority before which the appeal is preferred, may in its discretion, direct. The security bond shall be in Form-15, with suitable modifications, wherever necessary.20. Appeal to High Court.
- Every appeal under section 33 of the Act to the High Court shall be in Form-16 hereto and shall be verified in the manner specified therein. It shall be accompanied by the original order or a certified copy of the order of the Commissioner appealed against.21. Communication of appellate or revisional orders.
22. Procedure when higher assessment is made in appeal or revision.
- If the tax as determined in the appeal or revision is in excess of the powers of assessment of the assessing authority, the appellate or revisional authority shall transfer the original records of assessment to the appropriate assessing authority which shall have power to collect the tax due in the same manner as if it were a tax assessed by itself.23. Action on the orders of the Tribunal and the High Court.
- Every order passed by the Tribunal or the High Court shall, on authorisation by the Tribunal or the High Court, as the case may be, be given effect to by the assessing authority, which shall refund, without interest, any excess tax found to have been collected and shall also collect any tax which is found to be due in the manner as a tax assessed by itself.24. Payment of tax on entry of goods escaping assessment.
- The assessing authority shall serve on the dealer on whom an assessment has been made under section 17 of the Act, a notice in Form-10 hereto, subject to such modification as may be necessary.25. Rectification of mistake.
26. Procedure for recovery of arrears.
27. Returns and assessment in the case of an importer of motor vehicles into local area from any place outside the State for use or sale therein.
28. Notice regarding entering into partnership or dissolution of partnership.
29. Notice of discontinuance of business or change of place of business.
- If, at any time, a dealer,-30. Liability to tax on a legal representative.
31. Liability for payment of tax and penalty in respect of firm, etc., discontinued or dissolved.
32. Liability to tax of guardian, trustees, agents, etc.
- Where, any business is carried on by or is incharge of any guardian, trustee or agent of a minor or other incapacitated person on behalf and for the benefit of such minor or other incapacitated person, such guardian, trustee or agent shall in respect of the business be liable to submit the returns due under these rules and to assessment under section 14 or under section 17. The tax and/or any penalty leviable shall be levied upon and be recoverable from such guardian, trustee or agent, as the case may be, in like manner and to the same extent as it would be leviable upon and be recoverable from any such minor or other incapacitated person, if he were of full age, of sound mind and if he were conducting the business himself and all the provisions of the Act and these rules shall apply accordingly.33. Liability to tax of managers, receivers, etc.
- If the estate or any portion thereof of a dealer owning business in respect of which tax is payable under this Act is under the control of the Court of Wards, the Administrator General, the Official Trustee or any Receiver or Manager (including any person, whatever his designation, who in fact manages the business on behalf of the dealer) appointed by or any order of a Court, such Court of Wards, Administrator General, Official Trustee, Receiver, Manager or any other person, shall in respect of the turnover of such business be liable to submit the returns due under these Rules and to assessment under section 14 or under section 17. The tax and/or any penalty leviable shall be levied upon and be recoverable from such Court of Wards, Administrator General, Official Trustee, receiver or Manager or any person in like manner and to the same extent as it would be leviable upon and recoverable from the dealer if he were conducting the business himself and all the provisions of the Act and these rules shall apply accordingly.34. Declaration to be given in certain cases.
- Every dealer liable for registration under section 8 of the Act shall, within thirty days from the date on which he becomes liable for registration, send to the registering authority a declaration in Form-30 stating the name or names of the person or persons who are authorised to sign returns under the Act on their behalf or to make statements in any enquiry under the Act. All returns signed and statements so made by such person or persons shall be binding on the dealer concerned. The declaration furnished shall bear Court Fee Stamp of Rs. 5/- and may be revised from time to time.35. Returns and other particulars to be furnished by the forwarding agency and others.
- Every clearing and forwarding house or agency, transporting agency, shipping agency, shipping out agency or steamer agency in the State shall submit to the entry tax authority of the area a statement in Form-17 hereto every month. The statement shall be submitted within fifteen days from the close of the month to which it relates.36. Submission of certain records by owners, etc., of vehicles and boats.
- The owner or other person-in-charge of the goods vehicle or boat shall, in respect of the goods transported by him in such vehicle or boat, submit to authority having jurisdiction over the local area in which the scheduled goods are delivered, a statement in Form-18 hereto, every month within 15 days after the close of the month to which it relates.37. Service of notices, etc.
- The service on a dealer of any notice, summons or order under the Act or these rules may be effected in any of the following ways, namely:-38. Method of payment of money into Treasury or Bank.
39. Fees for grant of copies.
- The fees payable for the grant of certified copies of any document under the Act or these rules shall be by way of Court Fee Stamps as follows:-| (1) | for the first two hundred words or less | ...Rs. 5.00. |
| (2) | for every additional one hundred words or fraction thereof | ...Rs. 1.00. |
40. Fee for clarification of rate of tax.
| Sl. No. | Name in full of each person | Name of father of each person | Age of each person | Permanent postal address of each person | Present postal address of each person | Extent of interest of each person in the business | Signature of person | Name, address and signature of witness attestingsignature |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| ............................................................................................................................................................................................................................................................................................................................................................................................................. |
| Sl. No. | Description of the goods | Total value of goods purchased//received (bothfrom within and outside the State) | Value of goods purchased//received from withinthe local area | Value of goods purchased/ /received from outsidethe local area but returned to the suppliers | Value of goods purchased/ /received from outsidethe local area, but sent out of the local area otherwise than byway of sale excluding the amount shown under col. 4 (b) | Purchased value of motor vehicle Imported fromoutside the State on which tax has already been paid by filingstatement in Form 4 | Total deductions 4(a)+4(b)+ 4(c)+4(d) | Total value of goods liable to tax (3-5) | Rate of tax | Tax due (Rs. Ps.) |
| (1) | (2) | (3) | 4(a) | 4(b) | 4(c) | 4(d) | (5) | (6) | (7) | (8) |
| (i) | ||||||||||
| (ii) | ||||||||||
| (iii) | ||||||||||
| (iv) | ||||||||||
| (v) | ||||||||||
| (vi) | ||||||||||
| (viii) | ||||||||||
| (ix) | ||||||||||
| (x) | ||||||||||
| (xi) | ||||||||||
| (xii) | ||||||||||
| (xiii) | ||||||||||
| (xiv) | ||||||||||
| (xv) | ||||||||||
| (xvi) | ||||||||||
| Total |
| Class of motor vehicle | Model | Engine No. | Chassis No. | Purchase value | Rate of Tax | Tax payable | Tax paid | Balance due excess paid |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| Nature of goods | Rate of Tax | Tax |
| Total | ||
| Total |
| (i) Total Tax provisionally assessed | Rs. |
| (ii) Less Tax paid provisionally under sub-rule (1) and/or (2)of Rule 7 | Rs. |
| (iii) Balance of tax due | Rs. |
| Date of renewal | Year for which renewed | Signature and Designation of theIssuing/Assessing Authority |
| (1) | (2) | (3) |
2. The sum of Rs...........paid by you in excess as stated above is refunded/adjusted towards ..............due by you for the year .............
The refund payment order and refund adjustment order is/are enclosed.Value of goods determined by the assessing authority is given (below).Total Tax payableTotal Tax paidExcess amount dueDate of AssessmentPlace:Date:Signature of the AssessingAuthority.Form 12[See rule 16(2)]Form of Appeal against an order of assessment under section 14ToThe Deputy/Assistant Commissioner of Entry TaxThe day of 20001. The appeal should be in quadruplicate and should be accompanied by four copies (atleast one of which should be the original or authenticated) of the order appealed again against and also four copies of the order of the assessing authority.
2. The appeal (when filed by any person other than an officer empowered by the State Government under sub-section (1) of Section 20 should be accompanied by a treasury receipt in support of having paid the fee calculated at the rate of 2 per cent. of the disputed tax subject to a minimum of Rs. 20 and a maximum of Rs. 200. The fee should be credited in a Government Treasury to the following head of account.
Major Head:Minor Heads:Sub-Head:3. The appeal should be written in English and should set forth concisely and under distinct heads the grounds of appeal (without any argument or narrative) and such grounds should be numbered consecutively.
Form 14[See rule 17(4)]Form of Memorandum of Cross ObjectionsBefore the Tribunal under section 29 (3) of the Goa Tax on Entry of Goods Act, 2000Cross Objection No. .................... of 2000..................... In appeal No. ............................... of 2000 ....................Appellant(s)VRespondent| Sl. No. | Date of clearing, forwarding, transporting,shipping | Name and full address of the consignor | Name and full address of the consignee | Number and date of delivery/ note/Bill of lading//R.R. etc. No. date | Description of goods | QuantityNo. of packings | Weight | Value of goods | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
1. Number of the Vehicle:
2. Name and address of the person furnishing statement :
3. Status:
4. Period for which the statement relates:
| Sl. No. | Name and address of persons to whom the goods aredelivered | No. and date of delivery note/bill of lading etc. | Description of goods | Quantity No. of packings | Weight | Value of the goods | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| Sl. No. | Date of issue | Sl. No. of Form-24 | Name and address of the dealer to whom issued | Sale Bill No. and date | Description of goods | Quantity | Value | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| Class of Motor Vehicle | Model | Engine No. | Chassis No. |
| (1) | (2) | (3) | (4) |
| Place: | Signature and sealof the Notified Authority | ||
| Date: |
| Form 27 | (Original) | ||
| (SeeRules 38 & 40) | (to be retained by the payer) | ||
| Challan | |||
| Head of Account: 0042 Taxes on Goods and Passengers | |||
| Sub Heads: 106 Tax on entry of goods into local areas | |||
| 01. Tax on entry of goods | |||
| 02. Other Receipts | |||
| Challan of Tax, Registration Fee, penalty and compositionmoney paid to the Treasury/Sub-Treasury/State Bank ofIndia/Reserve Bank of India. | |||
| For the period from ...............to ............... by whomtendered. (Name and address of the person on whose behalf moneyis paid ............................................. ) | |||
| (1) Registration No. | |||
| (2) Year to which payment relates | |||
| (3) Month in which the assessment concluded | |||
| (4) In the case of monthly tax, month to which it relates | |||
| Minor and detailed head (for registered dealers only) | Amount in figures | ||
| 01. Tax on entry of goods: | |||
| 02. Other Receipts: | |||
| (i) Registration fee | |||
| (ii) Composition money | |||
| (iii) Penalty | |||
| (iv) Miscellaneous | |||
| Total …………………. | |||
| (to be filled by persons or Departments other than Registereddealers) | |||
| 01. Tax on entry of goods: | |||
| 02. Other Receipts: | |||
| (i) Registration Fee | |||
| (ii) Composition Money | |||
| (iii) Penalty | |||
| (iv) Miscellaneous fee | |||
| Total:......... | |||
| Signature of Dealer/Depositor |
| (Date of entry) | Accountant |
| Challan No. | |
| Code No. of Treasurer | Treasury Officer |
| Treasurer | Agent/Manager |
| Stamp of Treasury |
| Sl. No. | Description of the goods | Value of goods purchased//received (both fromwithin and outside local area and motor vehicles imported fromoutside the State) | Value of goods purchased// from within the localarea | Value of goods purchased/ /received from outsidethe local area, but returned to the suppliers | Value of goods purchased/ /received from outsidethe local area, but sent out of the local area otherwise than byway of sale [excluding the amount shown under col. 4 (b)] | Purchased value of motor vehicle imported fromoutside the State on which tax has already been paid by filingstatement in Form | Total deductions 4(a)+4(b)+ 4(c)+4(d) | Total value of goods liable to tax (3-5) | Rate of tax | Tax due (Rs. Ps.) |
| (1) | (2) | (3) | 4(a) | 4(b) | 4(c) | 4(d) | (5) | (6) | (7) | (8) |
| Total |
| Sl. No. | Name | Status | Signature |
| 1. | |||
| 2. |