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State of Goa - Section

Section 58 in Goa Value Added Tax Rules, 2005

58. [ Declaration for purchase or sale of industrial inputs/packing material. [Inserted vide Amendment Rules 2005 published in the O.G. Series I No.17 dated 3-8-2005, thereafter vide Seventh Amendment Rules 2009 published in the Official Gazette, Series I No. 10 dated 4-6-2009 present entries are substituted.]

(1)The declaration referred to in the entry against serial number (53) of Schedule "B' appended to the Act shall be self declaration by the selling dealer in Form VAT-XXXIII, or self declaration by purchasing dealer in Form VAT-XXXIV. The same shall be made in duplicate.
(2)The declaration under sub-rule (1) above shall be furnished by the selling dealer or the purchasing dealer to their Assessing Authorities alongwith their quarterly return. The declaration shall be complete in all respects before it is submitted with the return.
(3)Duplicate copies of the declaration shall be retained by the dealers for their record.
(4)A single declaration in Form VAT-XXXIII or Form VAT-XXXIV may cover more than one transaction if such transactions are made within a quarter. The declaration shall also contain details such as, serial number, date of tax invoice, amount of sales or purchases, name, address and TIN of the selling dealer or the purchasing dealer, as the case may be. The Form VAT-XXXIII shall contain details of sales effected to the purchasing dealer and Form VAT-XXXIV shall contain details of purchases made from the selling dealer.
(5)The Assessing Authority shall upon receipt of such return/declaration, cross verify the contents of Form VAT-XXXIII and Form VAT-XXXIV or vice versa so as to ascertain the correctness of the transactions covered therein, and if any incorrect information is observed therein, the same shall be assessed to tax for differential amount. The input tax credit claimed by the purchasing dealer shall be disallowed.
(6)If no such declaration in Form VAT-XXXIII or Form VAT-XXXIV is submitted by the selling dealer or the purchasing dealer, as the case may be, alongwith the quarterly returns, then, the dealer shall not be eligible for claiming the concessional rate of tax on industrial inputs under Entry at Serial Number (53) of Schedule 'B' to the Act.] [Inserted vide sixth Amendment Rules 2008 published in the Official Gazette, Series I No. 39 dated 31-12-2008(EO).]First Schedule(See rule 47)
Sr. No. Section/Rule Description of Power Designation of Officer
(1) (2) (3) (4)
(1) Sec. 18/19 & 28 Registration/ Amendment and cancellation of certificate ofregistration. Appropriate Assessing Authority
(2) Sec. 29, 30, 31 and 32 To make an assessment/ re-assessment/ provisional/ assessment/protective assessment and impose penalty, levy of interest. -do-
(3) Sec. 7(1) To grant permission to pay composition of tax in lieu of thenet amount of tax payable including extension of permission andthe other matters connected therewith. -do-
(4) Sec. 24 To require the dealer to furnish the returns and data for thepurpose of collecting statistics relating to any matter dealtwith, by or in connection to this Act; exempt any dealer fromfurnishing returns or permit any such dealer to furnish them forsuch different periods. returns -do-
(5) Sec. 25(4)(b) To allow the dealer to pay tax, penalty, interest or the sumforfeited in installments. -do-
(6) Sec. 33/34, Rule 30/9 Refunds/ Provisional refunds. Additional Commissioner of Commercial Taxes/ AssistantCommissioner of Commercial Taxes/ Appropriate Assessing Authority
(7) Sec. 63 Special mode of recovery Appropriate Assessing Authority/ Assistant Commissioner ofCommercial Taxes
    To impose penalty for failure to Appropriate Assessing
(8) Sec. 70 Furnish a copy of audit report within the prescribed time Authority
(9) Sec. 72 To require the dealer to maintain accounts & records -do-
(10) Sec. 73 To require a dealer to produce accounts or documents, furnishany information, inspect the accounts books and other records,search premises and other related work Additional Commissioner/ Assistant Commissioner of CommercialTaxes, Commercial Tax Officer/ Assistant Commercial Tax Officers.
(11) Sec. 74 To collect information, particulars for cross, checking oftransactions, etc. -do-
(12) Sec. 76 Survey/Inspection of the place of business -do-
(13) Sec. 54, 55, 56, 57, 58 & 59 To impose penalties Appropriate Assessing Authorities
The Second ScheduleRegistration/renewal charges under the Goa Value Added Tax Act, 2005(See rules 14 and 16)
Sr. No. Category of dealer Amount of registration and renewal charges forthe years
(1) (2) (3)
(i) Turnover limit upto Rs. 5 lakhs. Rs. 1000/-
(ii) Turnover above Rs. 5 lakhs and upto Rs. 40 lakhs Rs. 3000/-
(iii) Exceeding Rs. 40 lakhs but below Rs. 1 crore. Rs. 5000/-
(iv) Rs. 1 crore and above. Rs. 10000/-
(v) For voluntary registration. Rs. 2000/-
N.B. - Part of a year shall be treated as a full year.Third Schedule(See rule 54)(Rules for supply of copies of records under Rule 54)Certified copies of documents and orders