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[Cites 0, Cited by 0] [Section 28(8)] [Section 28] [Entire Act]

State of Gujarat - Subsection

Section 28(8)(b) in Gujarat Value Added Tax Rules, 2006

(b)The Commissioner shall after making such inquiry as he thinks fit, grant the permission subject to the provisions of the Act, these rules and the conditions specified as follows, namely:-
(i)such permission shall be granted in Form 215 in respect of the contracts for which option to pay composition money is exercised and such permission is effective from the date of the beginning of the contract and till its conclusion,
(ii)an application made under this rule shall be in respect of those contracts, which begin during the period for which the dealer hold valid registration certificate under the Act,
(iii)such an application shall be made within thirty days from the beginning of the contract,
(iv)in respect of dealers in whose case the tax already paid along with the respective returns for any period prior to the date of application is less than the amount of composition payable for the particular period for which the return is filed, such a dealer shall pay the amount of difference between the composition due for that period and the amount already paid along with the interest on the unpaid amount at the rate of one and one half per month from the date by which the amount due for the said return was required to be paid under the provisions of rule 26 till the date of actual payment. Such amount shall be paid in the Government treasury before making an application,
(v)such permission shall be granted in respect of contracts for which no tax credit is claimed or allowed in the returns or assessment,
(vi)such permission shall be granted only on the production of the proof that no amount has been collected by the applicant by way of tax in respect of the contract for which option is exercised,
(vii)the dealer applying for permission should not have contravened any provisions of the Act or rules made there under.