MEGHALAYA VALUE ADDED TAX RULES, 2005

 

PRELIMINARY

 

 

 

1

Short title and commencement

 

2

Definition

 

 

TAX AUTHORITIES AND APPELLATE TRIBUNAL

3,4,5,6,7

Tax authorities

 

8

Appellate Tribunal

 

 

9

Levy of composition tax on registered dealer

 

10

Interval and manner of payment of composite tax

 

11

Books of Accounts to be maintained by the dealer for making payment of composite tax and filing of return

 

12

Works Contract

 

13

Requirement of maintenance of registers and books of accounts for availing Input Tax Credit

 

14

Credit of Input Tax within the tax period by the Commissioner

 

15

Manner of the reversing of Input Tax Credit

 

16

Condition for adjustment of Input Tax Credit in respect of goods return etc.

 

17

Stock brought forward during transition

 

18

Registration of dealers, amendment and cancellation of registration certificate

 

19

Grant of duplicate copy of registration certificate

 

20

Amendment of registration certificate

 

21

Information on the death of a dealer

 

22

Replacement of certificate of registration under the earlier sales tax law

 

23

Cancellation of registration certificate under sub-section (8) of Section 31

 

24

For the purpose of sub-section (1) and sub-section (8) of Section 31, the following conditions and restrictions shall apply

 

25

Security to be furnished

 

26

Imposition of penalty for failure by the dealer to get himself registered

 

27

Information to be furnished under Section 103

 

28

Manner of suspension of registration certificate under sub-section (10) of Section 31

 

29

Liability to obtain registration and to furnish information by transporter under Section 80

 

30

Manner of submission of periodical returns and payment of tax under Section 35

 

31

Payment of tax in advance under Section 35

 

32

Scrutiny of returns

 

33

Manner of completion of provisional assessment

 

34

Self assessment

 

35

Audit assessment

 

36

Best judgment assessment

 

37

Assessment of dealer who fails to get himself registered

 

38

Payment and recovery of tax, penalty and interest under Sections 35, 60 and 107

 

39

Special provisions relating to deduction of tax at source in certain cases

 

40

Information to be given to the Prescribed Authority in case of execution of contract under Section 106

 

41

Tax deduction certificate

 

42

Refund of excess payment of tax, penalty or interest

 

43

Manner of payment of interest by the Commissioner for delayed payment of refund.

 

44

Manner of making provisional refund to exporters who export out of the territory of India

 

ACCOUNTS AND RECORDS

45

Maintenance of accounts and records

 

46

Tax Invoice

 

47

Retail Invoice

 

48

Credit and Debit Notes

 

49

Audit of Accounts

 

INSPECTION OF ACCOUNTS AND DOCUMENTS AND SEARCH OF PREMISES AND ESTABLISHMENT OF CHECK-POST

50

Manner of releases of the books of accounts etc.

 

51

Fees payable for providing true copies of the seized documents etc.

 

52

Procedure for disposal of seized goods by open auction

 

53

Documents to be carried by owner or the person in charge of a goods vehicle to be produced at the Check-post for the purpose as provided under Sections 75,76 and 77

 

54

Particulars to be included in a trip-sheet or a log book of goods vehicle

 

55

Particulars to be furnished by a carrier or by a bailee

 

56

Transit Pass to be carried by goods vehicle passing through the State or to any place outside State

 

57

Form for obtaining permission for taking delivery of taxable goods consign through Rail, River, Air or Post from a place outside the State

 

58

Restrictions and conditions in respect of import of goods into the State by Rail, River, Air or Post or any other place

 

APPEAL AND REVISION

59

Manners of filing appeals

 

60

Manner and Form of filing appeals to the Appellate Tribunal for the purpose of Section 69

 

61

Payment of tax and penalty consequent upon rectification of orders

 

OFFENCE AND PENALTIES

62

Conditions for causing investigation of offences under Section 95

 

63

Manner of assessment, re-assessment and imposition of Penalty

 

MISCELLANEOUS

64

Manner of declaration of dealer’s business manager

 

65

Power to write off demand under Section 97

 

66

Determination of disputed questions

 

67

Fees payable for appeal, revision, review and other miscellaneous applications or petitions as required for the purpose of Section 109

 

68

Liability in case of transfer of business

 

69

Liability of contractor or sub-contractor to tax

 

70

Collection of Tax only by dealers under Section 61

 

71

Display of signboard

 

72

Service of notice

 

73

Manner of issue of clearance certificate to a dealer or person under Section 115

 

74

Method of payment of dues under the Act

 

75

Conditions for dealers dealing in goods where tax is levied on purchase

 

76

Assessment of dealers dealing in goods other than Vatable goods under Section 6 and Section 47

 

REPEAL AND SAVINGS

77

Statement of claim of Input Tax Credit in respect of goods purchased under Repealed Acts, held in stock on the appointed day

 

78

Manner of adjustment of Input Tax Credit in respect of stock brought forward during transition

 

79

Preservation of assessment records for the purpose of sub-section (8) of Section 84