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The Bihar Value Added Tax Act, 2005

The Bihar Value Added Tax Act, 2005

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Sections

1. Short title, extent and commencement.

Section 1

2. Definitions.

Section 2

3. Charge of tax.

Section 3

4. Levy of purchase tax.

Section 4

5. Liability to pay purchase tax on certain purchases.

Section 5

6. Non-levy of tax in certain cases.

Section 6

7. Exemptions.

Section 7

8. Burden of proof.

Section 8

9. Tribunal.

Section 9

10. Taxing Authorities and Inspectors.

Section 10

11. Protection of action taken in good faith.

Section 11

12. Power to issue summons and examine on oath.

Section 12

13. Point or points in series of sales at which sales tax shall be levied.

Section 13

15. Compounding of tax liability in certain cases.

Section 15

16. Input tax credit.

Section 16

17. Exports to be zero-rated.

Section 17

18. Rate of tax on packing materials and containers.

Section 18

19. Registration.

Section 19

20. Amendment and cancellation of certificate of registration.

Section 20

21. Security.

Section 21

22. Declared manager.

Section 22

23. Furnishing of information by dealers.

Section 23

24. Returns, payment of tax, interest and penalty.

Section 24

25. Scrutiny of returns.

Section 25

26. Self-Assessment of tax.

Section 26

27. Assessment of dealer not filing returns.

Section 27

28. Assessment of tax of dealers evading registration.

Section 28

29. Assessment of tax on disputed question.

Section 29

30. Assessment of tax of non-resident dealer doing business temporarily by way of fair, mela, etc.

Section 30

31. Assessment or re-assessment of tax of escaped turnover.

Section 31

32. Escaped turnover detected before or at the time of assessment of tax.

Section 32

33. Assessment of tax based on audit objections.

Section 33

34. Assessment of tax proceedings, etc., not to be invalid on certain grounds.

Section 34

35. Taxable turnover.

Section 35

36. Tax payable by a dealer.

Section 36

37. Time limit for completion of proceeding of assessment of tax.

Section 37

38. Exclusion of time in assessment tax proceedings.

Section 38

39. Payment and recovery of tax.

Section 39

40. Advance recovery of tax on sales and supplies to Governments and other persons.

Section 40

41. Advance recovery of tax from works contractors.

Section 41

42. Production of tax clearance certificate.

Section 42

43. Restriction on collection of tax by dealers.

Section 43

44. Forfeiture of tax collected in violation of this Act.

Section 44

45. Rounding off of tax liability.

Section 45

46. Recovery of tax as arreears of land revenue.

Section 46

47. Special mode of recovery of tax and other liabilities under this Act.

Section 47

48. Liability of surety.

Section 48

49. Transfers to defraud revenue void.

Section 49

50. Period of limitation for recovery of tax.

Section 50

51. Tax to be first charge on property.

Section 51

52. Maintenance of accounts.

Section 52

53. Issue of tax invoice and debit and credit notes.

Section 53

54. Accounts to be audited in certain cases.

Section 54

55. Furnishing of information by Government departments, banks, financial institutions clearing and forwarding agents and owners of warehouses, godowns and others.

Section 55

56. Production of books of account, inspection, search and seizure.

Section 56

57. Cross checking or verification of transactions.

Section 57

58. Survey.

Section 58

59. Control on clearing, forwarding or booking agent and any person transporting goods.

Section 59

60. Establishment of check-posts.

Section 60

61. Restriction on movement of goods.

Section 61

62. Transportation of goods through State of Bihar.

Section 62

63. Liability to pay tax in case of transfer of business.

Section 63

64. Tax payable by deceased dealer shall be paid by his representative.

Section 64

65. Tax-liability of guardian and trustee, etc.

Section 65

66. Tax-liability of court of wards.

Section 66

67. Liability in case of dissolution of firm, etc.

Section 67

68. Refunds.

Section 68

69. Provisional refunds.

Section 69

70. Interest on delayed refund.

Section 70

71. Power to withhold refund in certain cases.

Section 71

72. Appeal to Deputy Commissioner and Joint Commissioner.

Section 72

73. Appeal to Tribunal.

Section 73

74. Revisionary powers of Commissioner.

Section 74

75. Additional evidence in appeal or revision.

Section 75

76. Review.

Section 76

77. Determination of disputed questions.

Section 77

78. Power to transfer proceedings.

Section 78

79. Appeal before High Court.

Section 79

80. Case before High Court to be heard by not less than two Judges.

Section 80

81. Offences and penalties.

Section 81

82. Cognizance of offences.

Section 82

83. Investigation of offences.

Section 83

84. Offences by companies and others.

Section 84

85. Compounding of offences.

Section 85

86. Bureau of Investigation.

Section 86

87. Appearance before taxing authorities.

Section 87

88. Change of an incumbent of an office.

Section 88

89. Bar to certain proceedings.

Section 89

90. Disclosure of information by public servant.

Section 90

91. Agreements to defeat intention and application of this Act to be void.

Section 91

92. Write off of dues.

Section 92

93. Power to make rules.

Section 93

94. Repeal and savings.

Section 94

95. Declaration of stock of goods held on 1st April, 2005.

Section 95

96. Transitory provisions.

Section 96

97. Construction of references in any repealed law to officers, authorities, etc.

Section 97

98. Removal of difficulty.

Section 98

99. Laying of notifications on the table of the State Legislature.

Section 99

100. Validation of Bihar Value Added Tax Ordinance, 2005.

Section 100