KERALA VALUE ADDED TAX RULES, 2005

TABLE OF CONTENTS

[CLICK ON THE CHAPTER HEADING TO SEE RESPECIVE RULES]

RULE

DESCRIPTION

CHAPTER  - I

PRELIMINARY

1

Short title and Commencement

2

Definitions

CHAPTER - II

APPELLATE TRIBUNAL AND SETTLEMENT COMMISSION

3

Appellate Tribunal

4

Appointment of Chairman of the Appellate Tribunal

5

Pay, Allowances and other conditions of services of Chairman

6

Settlement Commission

7

Appointment of Chairman of the Settlement Commission

8

Pay, Allowances and other conditions of services of Chairman

CHAPTER - III

INCIDENCE AND LEVY OF TAX

9

Determination of total turnover

10

Determination of taxable turnover

10A

Filing of option for collection and payment of tax

11

Filing of option by dealers for payment of compounded tax

12

Determination of Input tax credit in respect of opening stock

12A

Determination of input tax credit or special rebate where inputs are used in relation to taxable and exempted goods

12B

Procedure for claiming input tax credit or special rebate or refund by agent

12C

Procedure for claiming exemption or reduction in rates of tax

13

Determination of input tax credit in respect of capital goods

14

Procedure for claiming special rebate

15

Determination of reverse tax

16

Net tax payable

CHAPTER – IV

REGISTRATION AND PERMIT

17

Application for registration

17 A Compulsory Registration

18

Use of Electronic Identity Card

19

Security to be furnished by certain dealers

20

Suspension of Registration

21

Issue of permit

21 A

Issuing Green Card

CHAPTER - V

SUBMISSION OF RETURNS, ASSESSMENT AND

COLLECTION OF TAX AND PENALTY

22

Submission of Monthly and Annual returns

23

Submission of return by casual traders

24

Submission of quarterly returns

24 A
Submission of return by Government Contractors
24 B
Contractors to file Declaration
24 C
Filing of Returns by Dealers Holding CST Registration
24 D
Electronic Filing of Returns

25

Returns to be submitted by the Head office and Branches

26

Authorizing banks for receipt of tax or other amounts

27

Procedure where the payment is made by cheque or Demand Draft

28

Procedure where a cheque is dishonored

29

Submission of records by owners of vehicles and vessels etc

30

Submission of returns by forwarding agency, clearing house, etc

31

Banks to submit returns

32

Awarder to submit return

33

Signing and verifying of returns

34

Mode of submission of returns

35

Recording of reasons for rejection of return

36

Self Assessment

37

Procedure for audit visit

38

Best judgment Assessment

39

Audit assessment

40

Assessment of legal representative

41

Collection and payment of tax

42

Deduction of tax by awarder

43

Notice for further mode of recovery

44

Calculation of turnover when goods are sold for consideration other than cash

45

Declaration in respect of sales deemed to be in the course of export under Section 5(3) of the Central Sales Tax Act, 1956

46

Refund of input tax in case of sale of goods in the course of interstate trade or commerce or transfer to outside the state otherwise than by way of sale in the course of interstate trade

47

Refund of input tax in case of sale or purchase of goods in the course of export

47A

Refund of input tax remaining unadjusted at the end of the year

48

Issue of refund adjustment order

49

Reimbursement of tax to Foreign Diplomatic Missions, United Nations’ Agencies

50

Refund payment order

51

Granting of installments by Assessing Authority

52

Mode of payment of Interest

53

Payment of penalty

54

Mode of recovery of tax and other amounts due

55

Payment of amount forfeited

56

Reimbursement of forfeited amount

57
Refund of interest

57 A

Issue of Certificate for Claiming Deduction in Stamp Duty

                                                             CHAPTER – VI

INSPECTION OF BUSINESS PLACES AND ACCOUNTS AND ESTABLISHMENT OF CHECK POSTS

58

Maintenance and preservation of accounts

59

Credit notes and debit notes

60

Procedure for Audit of accounts and certification

61

Name boards etc. in front of godowns

62

Safe custody and procedure on loss etc., of statutory forms or declarations

63

Search and seizure of documents

64

Mode of disposal of seized properties

65

Procedure for the purchase of goods to prevent under valuation

66

Establishment of Check Posts and documents to be carried with the goods

67

Procedure for inspection of goods in transit

67A
Collection of Advance Tax

68

Issue of transit pass

69

Procedure for confiscation of goods and vehicles

70

Procedure for disposal of goods and vehicles confiscated

71

Safe custody of vehicle detained

CHAPTER – VII

APPEALS, REVISIONS, SETTLEMENT AND REFUNDS

72

Filing of appeal to the Deputy Commissioner (Appeals)

73

Filing of application under Sections 49, 57 or 59

74

Payment of fees on interlocutory application

75

Filing of appeal to the Appellate Tribunal

76

Procedure in case of death of appellant or revision petitioner pending proceedings

77

Setting aside of abatement

78

Filing of application seeking clarification

79

Filing of Application before the Settlement Commission

80

Filing of Appeal, Petition etc., to the High Court

81

Jurisdiction of Appellate or revisional authority

82

Transfer of appeal

83

Transfer of revision petition

84

Disposal of the appeal or revision petition irrespective of jurisdiction

85

Furnishing of Security

86

Communication of order, etc

87

Orders to be given effect to

88

Interest payable by Government

CHAPTER – VIII

MISCELLANEOUS

89

Burden of proof

90

Sending of report in case of death of a dealer

91

Report of dissolution of partnerships

92

Sending of report in certain cases

93

Liability of guardian, trustee, etc

94

Liability of Court of Wards, Official Trustee etc

95

Payment of traveling allowance and batta

96

Production of authorization

97

Chartered Accountant, Cost Accountant and Sales Tax Practitioner

98

Payment by cash, cheque or demand draft

99

Procedure for seeking Police assistance

100

Use of forms

101

Issue of notice or summons for the production of accounts