THE KERALA VALUE ADDED TAX ACT, 2003

TABLE OF CONTENTS

(click the chapters for getting the relevant sections) 

 

SECTIONS

              DESCRIPTION

CHAPTER  - I

PRELIMINARY

1

Short title, extent and commencement

2

Definitions

CHAPTER  - II

AUTHORITIES, APPELLATE TRIBUNAL AND SETTLEMENT COMMISSION

3

Commercial Tax Authorities

4

Appellate Tribunal

5

Settlement Commission

CHAPTER – III

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 interstate sale

14

Reimbursement of tax

CHAPTER - IV

REGISTRATION AND PERMIT

15

Registration of dealers

15A

Compulsory Registration

16

Procedure for registration

17

Security to be furnished in certain cases

18

Suspension of registration in certain cases

19

Issue of permits

19A

Issue of Green Card

CHAPTER - V

ASSESSMENT, RECOVERY OF TAX AND PENALTY

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

CHAPTER - VI

INSPECTION OF BUSINESS PLACES AND ACCOUNTS AND ESTABLISHMENT OF CHECK POSTS

40

Maintenance of true and correct accounts by dealers

40A

Issuance of sale bill 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 entry, 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 Authorized 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

  CHAPTER - VII

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

Appeals 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

CHAPTER - VIII

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

70A

Penalty for non-issuance of sale bill

71

Punishment for submitting untrue return etc

72

Penalty for illegal collection of tax

73

Punishment for abetment

74

Composition of offences

75

Offences by Companies

CHAPTER - IX

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.