CONTENTS 

 

KERALA VALUE ADDED TAX ACT, 2003
 

 


PRELIMINARY

 

1.         Short title, extent and commencement

2.         Definitions

 

 

AUTHORITIES, APPELLATE TRIBUNAL AND SETTLEMENT COMMISSIO

 

3.         Commercial Tax Authorities

4.         Appellate Tribunal

5.         Settlement Commission

 

INCIDENCE AND LEVY OF TAX

 

6.         Levy of tax on sale or purchase of goods

7.         Trade discount etc. deemed to be sale in certain cases

8.         Payment of tax at compounded rates

9.         Burden of proof

10.       Deduction of tax at source

11.       Input Tax Credit

12.       Special rebating in certain cases

13.       Refund of input tax in the case of export or inter‑State sale

14.       Reimbursement of tax

 

REGISTRATION AND PERMIT

 

15,       Registration of dealers

16.       Procedure for registration

17.       Security to be furnished in certain cases

18.       Suspension of registration in certain cases

19.       Issue of permit

 

ASSESSMENT, RECOVERY OF TAX AND PENALTIES

 

20.       Filing of returns

21.       Self assessment

22.       Assessment in case of non‑filing of return and filing of defective return

23.       Visit to dealer's premises and audit of accounts and other records by audit officers

24.       Audit assessment

25.       Assessment of escaped turnover

26.       Protective assessment

27.       Assessment of legal representatives

28.       Liability of firms

29.       Firm dissolved or business discontinued

30.       Collection of tax by dealers

31.       Payment and recovery of tax

32.       Deferment of tax payable by Industrial Units

33.       Special powers of Assistant Commissioners under Revenue Recovery Act

34.       Recovery of penalty

35.       Further mode of recovery

36.       Recovery of tax when business is transferred

37.       Certain transfers to be void

38.       Tax payable to be first charge on the property

39.       Liability of Directors of a Private Company

                       

INSPECTION OF BUSINESS PLACES AND ACCOUNTS AND ESTABLISHMENT OF CHECK POSTS

 

40.       Maintenance of true and correct accounts by dealers

41.       Credit notes and debit notes

42.       Audit of accounts and certification of returns

43.       Power of Survey

44.       Power to order production of accounts and powers of enhy, inspection etc.

45.       Purchase of goods to prevent under‑valuation

46.       Establishment of check post and documents to be carried with the goods

47.       Procedure for inspection of goods in transit

48.       Transit of goods through the State and issue of transit pass

49.       Confiscation by Authorised officers in certain cases

49A.    Police Assistance for inspection, search and seizure

50.       Procedure as to perishable goods seized under section 49

51.       Possession and submission of certain records by owners etc., of vehicle and vessels

52.       Forwarding agency, etc., to submit returns

53.       Banks to submit returns

54.       Warehousemen and banks to furnish details

                                   

APPEALS, REVISIONS AND SETTLEMENT OF CASES

 

55.       Appeals to the Deputy Commissioner (Appeals)

56.       Powers of revision of the Deputy Commissioner suo motu

57.       Power of revision of Deputy Commissioner on application

58.       Powers of revision of the Commissioner suo motu

59.       Power of revision of the Commissioner on application

60.       Appeal to the Appellate Tribunal

61.       Filing of application for settlement of cases

62.       Appeal to the High Court

63.       Revision by the High Court

64.       Appeals, petitions and applications to the High Court to be heard by a Bench of not less than two judges

65.       Fee for interlocutory petitions

66.       Power to rectify any error apparent on the face of the record

 

OFFENCES AND PENALTIES

 

67.       Imposition of penalty by authorities

68.       Penalty for default of payment of tax

69.       Penalty for transport of goods without records

70.       Penalty for prevention or obstruction of survey, inspection etc.

71.       Punishment for submitting untrue return etc.

72.       Penalty for illegal collection of tax

73.       Punishment for abatement

74.       Composition of offences

75.       Offences by Companies

 

MISCELLANEOUS

 

76.       Courts not to set aside or modify assessments except as provided in this Act

77.       Bar against attachment in certain cases

78.       Assessment etc. not to be questioned in prosecution

79.       Bar of certain proceedings

79A.    Bar against attachment in certain cases

80.       Limitation for certain suits and prosecutions

81.       Power to summon witnesses and cause production of documents

82.       Notice to obtain information

83.       Admissibility of micro films, facsimile copies of documents and computer print out as documents and as evidence

84.       Presumption as to documents in certain cases

85.       Prohibition of disclosure of particulars produced before commercial tax authorities

86.       Persons entitled to appear before authority

87.       Rounding off of turnover, tax etc.

88.       Service of notice

89.       Refunds

90,       Power to withhold refund in certain cases

91.       Appropriation of payment

92.       Power to make rules

93.       Power to amend Schedules

94.       Power of Commissioner to issue clarification

95.       Change of an incumbent of an office

96.       Time limit for disposal of appeal or revision

97.       Power to remove difficulties

98.       Kerala General Sales Tax Act, 1963 (15 of 1963) to have limited application

 

FIRST SCHEDULE                         GOODS EXEMPTED FROM TAX UNDER SUB‑SECTION (4) OF SECTION 6

SECOND SCHEDULE‑                    GOODS IN RESPECT OF WHICH TAX IS LEVIABLE AT ALL POINTS OF SALE AT THE RATE OF I% UNDER SUB‑SECTION (1) OF SECTION 6

THIRD SCHEDULE‑                        GOODS IN RESPECT OF WHICH TAX IS LEVIABLE AT THE RATE OF 4% UNDER SUB‑SECTION (1) OF SECTION 6 FOURTH SCHEDULE‑GOODS WHICH ARE OUTSIDE VAT UNDER SUB‑SECTION (1) OF SECTION 6