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The Chhattisgarh Vanijyik Kar Adhiniyam, 1994

The Chhattisgarh Vanijyik Kar Adhiniyam, 1994

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Sections

1. Short title, extent & commencement.

Section 1

2. Definitions.

Section 2

3. Taxing Authorities and other Officers.

Section 3

4. Tribunal.

Section 4

5. Incidence of taxation.

Section 5

6. Determination of liability to pay tax under this Act.

Section 6

7. Joint and several liability of a contractor or a subcontractor.

Section 7

8. Liability of a dealer registered under Central Act No. 74 of 1956 to pay tax.

Section 8

9. Levy of tax.

Section 9

9A. Tax on right to use.

Section 9A

9B. Levy of tax in special circumstances.

Section 9B

10. Levy of Purchase Tax.

Section 10

10A. Levy of surcharge on tax payable except on declared goods.

Section 10A

11. Dealer not to pass incidence of tax to agriculturists and horticulturists under certain circumstances.

Section 11

12. Rate of tax on container or packing material.

Section 12

13. Set off or refund of tax in respect of tax paid goods in certain circumstances.

Section 13

14. Burden of proof.

Section 14

15. Tax free goods.

Section 15

16. Power of State Government to amend Schedule-II.

Section 16

17. Saving.

Section 17

18. Licensing of certain dealers.

Section 18

19. Composition of tax by certain registered dealers.

Section 19

20. Liability to tax of persons not observing conditions of exemption or licence.

Section 20

21. Liability of a dealer purchasing exempted goods.

Section 21

22. Registration of dealers.

Section 22

23. Voluntary registration of dealers.

Section 23

24. Provisional registration of intending manufacturers.

Section 24

25. Issue of recognition certificate to certain dealers.

Section 25

26. Returns.

Section 26

27. Assessment of tax.

Section 27

28. Assessment of turnover escaping assessment.

Section 28

29. Power of reassessment in certain cases.

Section 29

30. Exclusion of time in assessment proceedings.

Section 30

31. Appearance before taxing authorities.

Section 31

32. Payment and recovery of tax and other dues under this Act.

Section 32

33. Payment of tax in advance of assessment on failure to furnish returns.

Section 33

34. Deduction and payment of tax in certain cases.

Section 34

35. Deduction at source of tax payable by a contractor.

Section 35

35A. Saving for person responsible for deduction at source.

Section 35A

36. Production of tax clearance certificate.

Section 36

37. Special provisions relating to deferred payment of tax by industrial units.

Section 37

38. Special mode of recovery.

Section 38

39. Refunds.

Section 39

40. Power to withhold refund in certain cases.

Section 40

41. Remission of tax.

Section 41

42. Accounts.

Section 42

43. Certain dealers to issue bills or cash memoranda.

Section 43

44. Saving for dealers dealing in tax free and tax paid goods.

Section 44

45. Constitution of a committee for detection and checking of evasion of tax by dealers liable to pay tax and power of the Commissioner acting upon the report of such committee.

Section 45

45A. Establishment of check posts.

Section 45A

45B. Particulars to be furnished by persons transporting goods.

Section 45B

45C. Power of officers of the Commercial Tax Department to check goods at the points of loading and unloading.

Section 45C

45CC. Power to check goods in transit.

Section 45CC

46. Delegation of Commissioner's powers and duties.

Section 46

47. Transfer of proceedings.

Section 47

48. Information to be furnished regarding changes in business.

Section 48

49. Tax payable by transferee of business.

Section 49

50. Liability of firms.

Section 50

51. Transfers to defraud revenue void.

Section 51

52. Assessment of legal representatives.

Section 52

53. Tax to be first charge.

Section 53

54. Assessment in special cases.

Section 54

55. Power of Commissioner and his assistants to take evidence on oath, etc.

Section 55

56. Power of Commissioner to call for information in certain cases.

Section 56

57. Furnishing of information by bank and clearing and forwarding agents.

Section 57

58. Control on clearing and forwarding agents to prevent or check evasion of tax.

Section 58

59. Clearing and forwarding agents defined.

Section 59

60. Bar to certain proceedings.

Section 60

61. Appeal.

Section 61

62. Power of revision by Commissioner.

Section 62

63. Additional evidence on appeal or revision.

Section 63

64. Court fee stamps on appeal and application for revision.

Section 64

65. Application of Sections 4 and 12 of the Limitation Act, 1963.

Section 65

66. Extension of period of limitation in certain cases.

Section 66

67. Power of Commissioner to stay proceedings.

Section 67

68. Determination of disputed questions.

Section 68

69. Power of Commissioner or appellate or revisional authority to impose penalty in certain circumstances.

Section 69

70. Statement of case to High Court.

Section 70

71. Rectification of mistakes.

Section 71

72. Power to set aside an ex-parte order.

Section 72

73. Collection of tax by dealers.

Section 73

74. Offences and penalties.

Section 74

75. Compounding of offences.

Section 75

76. Bar of prosecution in certain cases.

Section 76

77. Protection of persons acting in good faith and limitation of suit and prosecution.

Section 77

78. Disclosure of information by public servant.

Section 78

79. Sales not liable to tax.

Section 79

80. Power to make rules.

Section 80

81. Repeal and savings.

Section 81

82. Transitory provisions.

Section 82

83. Power to remove difficulties.

Section 83

1. There has been considerable increase in the number of dealers liable to pay tax under the Chhattisgarh Vanijyik Kar Adhiniyam, 1994 (No. 5 of 1995), the Central Sales Tax Act, 1956 (No. 74 of 1956) and the Chhattisgarh Sthaniya Kshetra Me Mai Ke Pravesh Par Kar Adhiniyam, 1976 (No. 51 of 1976), who are to be assessed by Assistant Commissioner of Commercial Tax, Commercial Tax Officer and Assistant Commercial Tax Officer.

Section 1

2. There has been no increase in the number of authorities competent to make assessments of such dealers under the said Acts, commensurate with the increase in the number of such dealers and their assessment cases.

Section 2

3. The assessment proceedings of all such dealers due for completion by the end of the calendar year 2000 under the provisions of sub-section (8) of Section 27 of the Chhattisgarh Vanijyik Kar Adhiniyam, 1994 have to be completed before the expiry of the calendar year 2000.

Section 27

4. Correct assessments of such dealers on merits have to be made by the said authorities after affording them reasonable opportunity of being heard.

Section 4

5. Despite efforts being made by the said authorities to complete such assessment proceedings by the end of the calendar year 2000 such proceedings cannot be completed by the end of the said period; and

Section 5

6. The aforesaid proceedings need be completed.

Section 6

1. Notification No. A-3-10-2000-ST-V (53), dated 26th July, 2000.

Section 1

2. Notification No. F-10/153/2001-CT-V (24), dated 4th June, 2001.

Section 2

1. Bharat Ispat Udyog Raipur RYP/IV/RYP/2904

Section 1

2. Shalimar Ispat Udyog Raipur RYP/III/XXXV/3598

Section 2

3. Vandana Industries Unit II Raipur RYP/IV/RYP/3662

Section 3

4. Orissa Concrete & Allied Industries Unit IV Raipur RYP/III/VI/4374

Section 4

5. Nitin Steel Pvt. Ltd., Raipur RYP/IV/RYP/2034

Section 5

6. Suri Sales Corporation Bhilai DRG/II/BHIL/1121

Section 6

7. Jindal Steel & Power Ltd., Raigarh 011/RGH/RGH/3021/1

Section 7

9. Goods when used as raw material in manufacture of cycle and cycle parts.                   0 percent

Section 9

1. For the present entry at serial number 8 of column (1) the following entry shall be substituted :-

Section 1

2. The amendment shall come into force from the date of publication in Gazette.

Section 2

56. Power Tiller bellow 10 horse power.

Section 56