CONTENTS
 

 

 

PROPOSED PRELIMINARY DRAFT OF THE 
UTTAR PRADESH VALUE ADDED 
SALES TAX ACT, 2002
 

 

 


 

 

PRELIMINARY

 

1.         Short Title, Extent and Commencement

2.         Definitions

INCIDENCE AND LEVY OF TAX

 

3.         Incidence and levy of tax

4.         Rates of tax

5.         Liability of payment of special additional tax

6.         Liability on issuing false certificate, etc.

7.         Liability in cases of proprietorship and partnership concerns

8.         Liability to tax of a dissolved firm and liability

9.         Liability of payment of tax due from deceased

10.       Liability in cases of minors and incapacitated Persons

11.       Liability in case of Court of Wards, etc.

12.       Exemption from tax and zero rating

13.       Rebate of tax on certain purchases and sales

14.       Input tax credit

15.       Net tax payable by a dealer

16.       Certain presumptions and burden of proof

 

REGISTRATION, MAINTENANCE OF ACCOUNTS, SECURITY

IN THE INTEREST OF REVENUE, ETC.

 

17.       Registration

18.       Information to be furnished regarding change of business

19.       Security in the interest of revenue

20.       Quoting of registration number etc.

21.       Accounts to be maintained by dealers

22.       Realisation of tax from purchasers by sellers

           

SUBMISSION OF RETURNS, ASSESSMENT OF TAX, PAYMENT, RECOVERY AND COLLECTION OF TAX

 

23.       Submission of returns

24.       Assessment of tax for a tax period

25.       Assessment for an assessment year

26.       Composition of tax liability

27.       Assessment or Reassessment of Turnover Escaped

28.       Assessment of escaped turnover in case of price variation

29.       Protective assessment

30.       Rounding off of turnover and tax etc.

31.       Rectification of mistakes

32.       Power to set aside

33.       Payment and recovery of tax

34.       Mode of recovery of tax due in certain cases: tax deduction at source

35.       Moratorium for payment of tax in lieu of exemption from tax

36.       Recovery or refund of petty amounts to be ignored

37.       Recovery of tax in case of a company under liquidation

38.       Liability of director of private company in liquidation

39.       Power to grant instalment

 

REFUNDS AND ADJUSTMENTS

 

40.       Refunds and adjustments

41.       Provisional refund

42.       Withholding of refunds in the interest of revenue

43.       Procedure for disbursement of amount wrongly realised by dealers as tax

44.       Input tax credit exceeding tax liability

 

AUDIT, SEARCH, SEIZURE AND CHECK‑POST

 

45.       Power to order production of accounts and power of entry, inspection, search and seizure

46.       Tax audit

47.       Power to seek information, to summon witness etc.

48.       Power to seize goods

49.       Establishment of check‑posts and barriers

50.       Import of goods into the State by road against declaration

51.       Import of goods into the State by rail, river, air or post

52.       Issue of authorisation for transit of goods through the State

53.       Power to seek assistance from police etc.

 

OFFENCES AND PENALTIES

 

54.       Offences And Prosecution

55.       Offences by Companies

56.       Penalties in certain cases

57.       Composition of offences

 

APPEAL, REVISION AND REVIEW

 

58.       Review by assessing authority and power to grant stay

59.       Appeal

60.       Revision by the Commissioner

61.       Tribunal

62.       Review by the Tribunal

63.       Revision by High Court in special cases

64.       Determination of disputed questions

65.       Orders against which no appeal or revision shall fie

66.       Additional evidence in appeal

67.       The Settlement Commission

           

MISCELLANEOUS

 

68.       Objections to jurisdiction

69.       Indemnity

70.       Bar to certain proceedings

71.       Certain information to be confidential

72.       Power to make rules

73.       Power to issue notifications

74.       Fees in certain cases

75.       Transfer to defraud revenue void

76.       Facility for sick industrial units

77.       Power to collect statistics

78.       Tax to be first charge on property

79.       Dealer to declare the name of his business manager

80.       Publication and disclosure of information respecting dealers and other persons in public interest

81.       Investigation of offences

82.       Appearance before any authority in proceedings

83.       Delegation of the Commissioner's powers and functions

84.       Authorities under the Act to be public servants

85.       Powers of Authorities under the Act

 

TRANSITORY PROVISIONS, REPEALS AND SAVINGS

 

86.       Authorities under the act

87.       Transitory provisions