State of Haryana - Act
Haryana Local Area Development Tax Rules, 2001
HARYANA
India
India
Haryana Local Area Development Tax Rules, 2001
Rule HARYANA-LOCAL-AREA-DEVELOPMENT-TAX-RULES-2001 of 2001
- Published on 14 June 2001
- Commenced on 14 June 2001
- [This is the version of this document from 14 June 2001.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – 1. Short title.
- These rules may be called the Haryana Local Area Development Tax Rules.2. Definitions.
- In these rules, unless the context otherwise requires, -Part II – Registration
3. Registration of importer.
[Sections 3(2) and 4]. - (1) Every importer liable to get himself registered under Section 4 read with Sub-section (2) of Section 3 shall make an application for registration to the assessing authority of the circle in Form DT-1 within thirty days of becoming liable for registration or from the date of publication of these rules in the Official Gazette, whichever is later.4. Amendment of registration certificate.
[Section 26]. - (1) Where the importer desires the registration certificates granted to him under these rules to be amended, he submit an application for this purpose to the assessing authority setting out the specific matters in respect of which, he desires such amendment and the reasons, therefor, together with the registration certificate granted to him and such authority may, if satisfied with the reasons given, make such amendment as he thinks necessary, in the registration certificate and the copies thereof, if any, granted to him :Provided that the amendment so made shall not be inconsistent with the provisions of the Act or these rules.5. Manner of furnishing of security.
[Section 8]. - (1) The security to be furnished under the Act may be furnished by the importer in the following manners, namely :-(a)by depositing as security in appropriate Government Treasury, the amount fixed by the said authority; or(b)by depositing security amount in the Post Office Saving Bank and pledging the pass book to and depositing it with the said authority; or(c)by furnishing to the said authority a guarantee from a Scheduled Bank as defined in the Reserve Bank of India Act, 1934, (Act 2 of 1934), agreeing to pay the State Government, on demand, the amount of security fixed by the said authority; or(d)by furnishing personal bond with solvent surety for the amount of security to the satisfaction of the said authority in Form DT-8 on a non- judicial paper of the appropriate value; or(e)by purchasing the Central Government bonds or securities equivalent to the security amount and pledging them to and depositing them with the said authority.Part III – Returns, Assessments and Tax Payments
6. Statements and returns to be submitted by the Head Office.
[Section 26]. - (1) In the case of an importer having more than one place of business in the State, the aggregate turnover of all such places of business shall be taken as the turnover of the business.7. Filing of returns
. [Section 6]. - Every registered importer and every importer whose application for registration is pending with the assessing authority shall submit a return for every quarter in Form DT-3 in duplicate to the assessing authority of the circle so as to reach him within a month after the close of the period to which the return relates :Provided that the assessing authority of the circle may for the reasons to be recorded in writing direct any registered importer to file monthly returns :Provided further that no such directions shall be issued without affording an opportunity of being heard to the importer :Provided further that every importer who discontinues his business at any time, shall submit to the assessing authority, the return for the period up to and inclusive of the date of discontinuance, within a month from the date of such discontinuance.8. Assessment.
[Sections 6, 10 and 21]. - (1) Where an importer has failed to file a return within ninety days of its due date, the assessing authority shall, while making assessment to the best of its judgment, presume, in the absence of any evidence to the contrary, that turnover of the importer for the period under assessment has not been less than that of during the corresponding period of the previous year.9. Deductions
[Sections 2(12), 2(28) and 5]. - (1) In calculating the turnover liable to tax for a period, an importer may deduct from his gross turnover during that period-(a)the value of goods specified in Schedule 'A' of the Act;(b)the value of goods which have, without use of consumption, been delivered outside the local area;(c)the value of goods which have been subjected to tax once under the Act, either as such or in some other form;(d)the value of goods on which sales tax (including purchase tax) has been paid or has become payable to the State, whether in the same form or in some other form;(e)[ the value of plant, machinery, equipment and tools, brought or received on lease, for use in manufacture or processing of goods;] [Substituted by Haryana Notification No. S.O.132/H.A.13/2000/S.26/2003, dated 31st October, 2003 w.e.f. 30.9.2003.](f)[the value of goods brought or received in a local area for resale or for use or consumption therein in the manufacture or processing of goods, left in the stock whether as such or in different form lying with him in the local area] [Substituted for the words 'the value of goods left as such or in different form in the stock lying with him in the local area' by Haryana Notification No. S.O.132/H.A.13/2000/S.26/2003, dated 31st October, 2003 w.e.f. 30.9.2003.], except when the certificate of registration issued under the Act is cancelled; and(g)[the value of the plant, machinery, equipment and tools brought or received in the local area for use in manufacture or processing of goods, that has been capitalized; except when certificate or registration issued under the Act is cancelled;] [Substituted for the words and signs 'the value of plant, machinery, equipment and tools that has been capitalized;' by Haryana Notification No. S.O.132/H.A.13/2000/S.26/2003, dated 31st October, 2003 w.e.f. 30.9.2003.]Provided that he appends to his returns for that period a list of such goods (including plant, machinery, equipment and tools, wherever applicable) giving details of their description, quantity, value, date of entry into or as to case may be dispatch out of local area; bill of sale, delivery note, purchase invoice, transfer note or other documents showing title or possession of such goods; goods receipt, railway receipt etc. by which such goods were received into or as the case may be dispatched out of local area or transported; and payment of sales tax (including purchase tax) or local area development tax in respect of such goods, wherever so claimed);(h)the value of goods used or consumed by the textile industry, including leather cloth manufacturing industry in the manufacture of textiles which form part of Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) subject to furnishing of following information :-(i)description, quantity and value of goods on which exemption is claimed;(ii)description, quantity and value of goods manufactured with the use or consumption of goods mentioned in (i) above; and(iii)additional excise duty paid, if any, on the manufactured goods.10. Instalments for payment of assessed tax etc.
[Section 9]. - (1) An assessee may, in order to make payment of arrears of tax, interest or penalty by instalment, apply to the authority specified under sub-rule (2), within fifteen days from the date of service of demand notice in Form DT-4.11. Methods of payment of money payable under the Act per the rules.
[Section 9]. - (1) The tax or other miscellaneous amounts payable under the Act or these rules shall be paid by the importer -(i)by remittance into the Appropriate Government Treasury; or(ii)by crossed demand draft or pay order in favour of the assessing authority; or(iii)where the amount does not exceed five thousand rupees to the taxation inspector against a receipt in Form DT-6.12. Nature of accounts to be maintained by importers.
[Section 13]. - (1) Every registered importer and every person liable to get himself registered under the Act shall keep and maintain a true and correct account of his daily transactions showing the value of goods entering into a local area.13. Fee for clarification.
[Section 13]. - The fee payable for seeking a clarification under clause (b) of Sub-section (2) of Section 12 shall be one hundred rupees and shall be paid by way of crossed demand draft in favour of the Commissioner.14. Forms, registers, etc. to be written in ink.
[Section 13]. - (1) All entries in all forms, registers and other documents prescribed by the Act or these rules shall be made in ink or may be computer printed :Provided that where more than one copy of form, declaration, return, register or other documents has to be filed or written at the same time, entries may be made by a ball point pen or typewriter or a computer.Part IV – Miscellaneous
15. Distribution of receipts under the Act among the local bodies.
Section 22. - The Government may, while distributing the tax collected under the Act among local bodies in the State, take into consideration the recommendations, if any, of the State Finance Commission in this regard.16. Repeal and Savings
- The Haryana Local Area Development Tax Rules, 2000, which are in force immediately before the commencement of these rules are hereby repealed :Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.Form DT-1[See rule 3(1)]Application for the grant of a registration certificate as an importer under the Haryana Local Area Development Tax Act, 2000ToThe Assessing AuthorityCircleDistrictI, _______ son of _________ carrying on business whose particulars are given below, hereby apply for registration under Section 4 of the Haryana Local Area Development Tax Act, 2000.| 1 | Name and full postal address of the applicant (if there is atrade name, the trade name shall also be given). | |
| 2 | Name and address of the Manager of the business, if a Managerhas been so appointed. | |
| 3 | Name and address and status of the person who signs thisapplication (as regards status, state whether proprietor,manager, director or partner etc.) | |
| 4 | Name and full postal address of the Head Office withparticulars of building name and number, ward name and number,road name, street name etc. Give Telephone number, Fax number,e-mail address, Internet site address, if any. | |
| 5 | Name and full postal address of all the other places ofbusiness in the municipal area or elsewhere in the State withparticulars of building name and number, ward name and number,road name, street name etc., for each place of business (if thespace in this column is found to be insufficient, additionalsheet may be used and duly signed.) | |
| 6 | Complete list of godowns in which the goods are stored andaddress of every such godown. | |
| 7 | Date of commencement of business and nature of business. | |
| 8 | Date on which applicant has become liable to pay tax for thefirst time. | |
| 9 | Particulars of Registration Certificate under the HaryanaValue Added Tax Act, 2003. | (i) Tax payer's Identification Number. |
| (ii) Date of validity. | ||
| 10 | Estimated annual tax liability under the Act. | |
| 11 | The accounting year followed by the applicant. | |
| 12 | Whether the applicant is a proprietor, firm, company,society, club, association of persons, Hindu undivided family,or trust etc. (here give full description.) | |
| 13 | The total value of purchases/stock receipts of goods in theyear preceding that to which the application is submitted. | |
| 14 | Actual value of purchases/stock receipts of goods in the yearupto the date of submission of the application. | |
| 15 | Amount of registration fee paid with particulars of ReceiptNo. and date. | |
| 16 | Amount of fee paid for copies of certificate for the otherplaces of business with particulars of receipts No. and date,challan No. and date, cheque No. and date/name of theTreasury/Bank etc. | |
| 17 | Name (s) and address(es) of the proprietors, partners,members, all persons having any interest in the business(additional sheets with the following columns shall be used, ifnecessary.) |
| Serial No. | Name in full of each person | Name of father | Age | Permanent Address of each person |
| 1 | 2 | 3 | 4 | 5 |
| Present postal address of each person | Extent of interest of each person in the business | Signature of each person | Name, address and signature of witness attesting signature |
| 6 | 7 | 8 | 9 |
| Place : | Signature ________________ |
| Date : | Full Name _______________ |
2. The registered importer has additional places of business as noted below :-
4. The holder of this registration certificate shall be liable to pay tax with effect from ___________ (date) and shall file the tax returns and pay tax due according to such returns on quarterly basis so long as he remains liable to pay tax unless directed otherwise under the Act.
| Date : | Seal : | (Signed) |
| Assessing Authority |
1. Description of goods forming part of turnover (State the main five only)
1957.
) subject to furnishing of following information :-||-|| (i) description, quantity and value of goods onwhich exemption is claimed;||-|| (ii) description, quantity and value of goodsmanufactured with the use or consumption of goods mentioned in5.
) :||-|| Tax payable||-| 7.| Taxable turnover multiplied by rate of taxapplicable under the Act :||}Reduction of tax (See Notification No. S.O. 118/H.A. 13/2000/S. 11/2000, dated 29.9.2000)| Item | Amount (In Rs.) | |
| 8 | (a) Value of goods manufactured (which are notfree from levy of sales tax) whose value is included in 8(c) andwhich have been sold :- | |
| (i) inside the State : | ||
| (ii) in the course of inter-State trade; in amanner so that sales tax is payable on those to the State : | ||
| (iii) in the course of export of goods out ofIndia : | ||
| (b) Sum of 8(a)(i) to 8(a)(iii) : | ||
| (c) Aggregate of value of goods manufacturedwith the use or consumption of goods whose value is included initem 6 : | ||
| 9 | Reduction of tax by formula., | |
| {| | ||
| [Item 6 x| Item 8(b)Item 8(c)| x R]| where R is rate of tax |
10. Net tax payable (Item 7 minus item 9) :
Payment of tax| 11 | Tax paid : | Serial No. | Date | Amount (In Rs.) | Treasury receipt No./Demand Draft No. | Name of Treasury |
| 1 | ||||||
| 2 | ||||||
| 3 |
12. Balance due, if any (Item 10 minus item 11) :
DeclarationI, _________ do solemnly declare that to the best of my knowledge and belief the information furnished in the above statement is true and complete.| Place : | Signature ______________ |
| Date : | Full Name _____________ |
| Status ________________ |
| Value of goods determined as liable to tax. | Rs. | |
| Tax and interest assessed :- | Rs. | |
| A. Tax | Rs. | |
| B. Interest | Rs. | |
| C. Penalty imposed, if any, Rs. | ||
| Total (A, B and C) | Rs. | |
| D. Less amount paid already | Rs. | |
| __________________________ | ||
| E. Net amount due | Rs. | |
| __________________________ |
1. Certified with reference to the assessment records of the importer (name) bearing _______ registration ______ No. ______ of ______ district for the periods from _______ to ______ that a refund of Rs. _______ (in figures) rupees _____ (in words) is due to (name) ______ under the Haryana Local Area Development Tax Act, 2000.
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 signatures.
4. This refund will be adjusted towards the amount of tax due from the said importer for the period from _______ to ________ or any subsequent month/quarter.
5. The importer shall attach this order with the return to be furnished by him for the month against which the adjustment is desired.
| Signature | Assessing Authority | District |
| Dated | Seal of Assessing Authority |
Part A – To be issued to the person making payment for submission to the assessing authority in support of claim for adjustment, if any.
Serial No. __________ Receipt ______ Book No. __________ Date _____1. Name of Tax Collection Point/Place of checking ___________________
2. Name of owner/Incharge of Goods/Goods Carrier __________________
3. Registration No. of the Goods Carrier ____________________________
4. Amount paid (in figures and words) ______________________________
on account of5. Name and complete address of the owner/importer ______ on whose behalf money is paid.
6. Registration Certificate number under the Haryana Local Area Development Tax Act, 2000, of the importer, if any _____________
| Signature of the person | Signature of the officer |
| making payment | receiving payment |
| Designation ______________ |
Part B – To be issued to the person making the payment for his record.
Part C – To be retained by the officer issuing the receipt.
Note :- Part B and Part C are similar to correspondence provisions of Part A hence not reproduced.Form DT-7[See rule 11(2)]ChallanPart A – (To be retained in the Treasury)
ATreasurySub : Treasury Branch/Subsidiary of the State Bank of India.Invoice of Tax etc. paid into and credited under the head of the account "0042-Taxes on Goods and Passengers (1)106-Tax on entry of Goods into Local Area : (3) - Haryana Local Area Development Tax" under the Haryana Local Area Development Tax Act, 2000.| By whom tendered | Name, address of the person with R.C. licence No. on whosebehalf money is paid. | Payment on account of Amount |
| Rs. | ||
| (i) | tax according to the returns | ___________________ |
| (ii) | tax assessed | ___________________ |
| (iii) | interest | ___________________ |
| (iv) | penalty | ___________________ |
| (v) | composition | ___________________ |
| (vi) | registration | ___________________ |
| (vii) | licence fee | ___________________ |
| (viii) | security | ___________________ |
| (ix) | other fees | ___________________ |
| (x) | Total | ___________________ |
| *"Assessing Authority, | ____________________________ |
| _____________District | Signature ofimporter or depositor |
| Amount received___________________ |
| Seal of assessing authority | Agent of the Branch/Subsidiary of the |
| State Bank of India | |
| Treasurer | |
| Stamp of the Treasury/Bank |
Part B – To be returned to the Deputy Excise and Taxation Commissioner incharge of the District.
Part C – To be attached by the importer with the application/return.
Part D – To be retained by the importer.
Note :- Part B, C and D of ST 7 are similar to Part A Hence not reproduced.Form DT-8[See rule 5(1)(d)]BondKnow all men by these presents that I/we _________ (Full Name and address) with registration certificate No., if any, __________ am/are held and firmly bound to the Governor of Haryana (hereinafter referred to as "the Government" which expression shall unless excluded by or repugnant to the context, include his successor-in-office and assigns) in the sum of Rs._________ (Rupees _____) (hereinafter referred to as the said sum) to be paid to the Government on demand, for which payment will and truly to be made. I/we bind myself/ourselves/my/our heirs, executors, administrators and legal representatives by these presents.Whereas the above bounden has been required by the assessing authority/appellate authority __________ (Name of place) to furnish security for the said sum for the purpose of securing the payment of any amount payable by him/them under the Haryana Local Area Development Tax Act, 2000 (hereinafter referred to as the "Act") and to indemnify the Government against all losses, costs or expenses which the Government, may, in any way, suffer, sustain or pay by reason of the omission, default or failure or insolvency of the above bounden or any person or persons acting under or for him/them to pay the said sum in the manner prescribed under the Act;Now, the condition of the above written bond is such that if the above bounden, his/heirs, executors, administrator and legal representatives or any person acting under or for him/them pays the full amount due in the manner prescribed under the Act. Such demand to be in writing and to be served upon the above bounden, his/their heirs, executors, administrators and legal representatives or any other person acting under or for him/them in the manner prescribed under the Act and shall also at all times indemnify and save the Government from all and every loss, cost of expenses which have been or shall or may at any time hereafter during the period in which the above bounden is held liable to pay any sum due under the act, be caused by reason of any person acting under or for him/them, then this obligation shall be void and be of no effect, otherwise the same shall be and remain in full force and effect and it is hereby further agreed that in the event of the death/partition/disruption/dissolution/winding up or the final cessation of the liability under the Act or the rules thereunder of the above bounden, this bound, shall remain with the aforesaid authority for recovering any sum that may be payable by the above bounden or any loss, cost or expenses that may have been sustained, incurred on insolvency of the above bounden his/their heirs, executors, administrators and legal representatives and which may not have been discovered until after the above bounden's death/partition/disruption/dissolution/winding up or final cessation of his/their liability under the Act or the rules made thereunder :Provided always that without prejudice to any other right or remedy for recovering any sum due under the Act or loss or damage as aforesaid, it shall be open to the Government to recover the amount payable under this bond as arrears of land revenue.| In witness whereof thesaid | (Full name)has hereunto set | |
| his/their hand(s) this | day of | signed anddelivered by the |
| above named in thepresence of witness : | ||
| 1. | Signature | |
| 2. | Status | |
| We (1) | ||
| (2) |