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[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Uttarakhand - Subsection

Section 4(6) in Uttaranchal Value Added Tax Act, 2005

(6)Rebate on tax on certain purchases and sales: (a) Subject to such conditions as it may impose, the Government may, if it deems necessary so to do in the public interest, by notification in the official gazette, exempt the sale or purchase of any goods, or any sales or purchases made to or by a class of dealers or persons specified in the said notification from payment of the whole or any part of any tax payable under the provisions of this Act, and any notification issued under this Section may be issued so as to be retrospective to any date not earlier than the date of commencement of this Act and such exemption shall take effect from the date of the publication of the notification in the Gazette or such other earlier or later date as may be mentioned therein;
(b)Where any dealer or person has purchased any goods under a declaration or certificate given by him under any notification issued under this Section, and-
(i)any of the conditions subject to which such exemption was granted; or
(ii)any of the restrictions or the conditions of the declaration or the certificate, are not complied with for any reasons whatsoever, then without prejudice to the other provisions of this Act, such dealer or person shall be liable to pay tax on the sale price of the goods at the rate set out against each of such goods in the Schedule under Section 4 notwithstanding that such dealer or person was not liable to pay tax under any other provisions of this Act and accordingly the dealer or the person who has become liable to pay tax under this sub-section shall file a return including the sale price of such goods therein, and also pay the tax, in the prescribed manner. The tax due from any such dealer or person shall be assessed and recovered as if the person or dealer is a dealer liable to be proceeded against under the provisions of this Act.
(c)If the Assessing Authority has reason to believe that any person or dealer is liable to pay tax under sub-section (2), the Assessing Authority, shall, after giving him reasonable opportunity of being heard, assess the amount of tax so due.