T.N. Act No.23/2012
TAMIL NADU VALUE ADDED TAX (FIFTH AMENDMENT) ACT, 2012
(Received the assent Governor of Tamil Nadu on May 31, 2012 — Published in Tamil Nadu Government Gazette, Extraordinary, Part IV, Section 2, Iss. No.145, Pages 173-175, dated June 1, 2012.
Statement of Objects and Reasons : Refer T.N. Bill No.25—2012 (1) CTAR page 1.183)
An Act further to amend the Tamil Nadu Value Added Tax Act, 2006.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-third Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Tamil Nadu Value Added Tax (Fifth Amendment) Act, 2012.
(2) It shall come into force on such date as the State Government may, by Notification, appoint.
2. Amendment of Section 2.— In the Tamil Nadu Value Added Tax Act, 2006 (Tamil Nadu Act 32 of 2006) (hereinafter referred to as the principal Act), in Section 2, after Clause (4), the following Clause shall be inserted, namely:—
"(4-A) "Assessment" means an assessment made or deemed to have been made under this Act and includes a re-assessment or revision of assessment;".
3. Substitution of Section 21.— For Section 21 of the principal Act, the following Section shall be substituted, namely:—
"21. Filing of Returns.—Every dealer, registered under this Act, shall file return, in the prescribed form showing the total and taxable turnover within the prescribed period, in the prescribed manner along with prescribed documents and proof of payment of tax. The tax under this Section shall become due without notice of demand to the dealer on the last date of the period for filing return as prescribed.".
4. Amendment of Section 22.— In Section 22 of the principal Act —
(1) for the marginal heading, the following marginal heading shall be substituted, namely:—
"Deemed assessment and procedure to be followed by Assessing Authority.";
(2) for sub-section (2), the following sub-section shall be substituted, namely:—
"(2) The Assessing Authority shall accept the returns submitted for the year, by the dealer, if the returns are in the prescribed form and accompanied with the prescribed documents and proof of payment of tax. Every such dealer shall be deemed to have been assessed for the year on the 31st day of October of the succeeding year:
Provided that in respect of such returns submitted for the years 2006-2007, 2007-2008, 2008-2009, 2009-2010 and 2010-2011, on which assessment orders are not passed shall be deemed to have been assessed on the 30th day of June 2012.";
(3) for sub-section (4), the following sub-section shall be substituted, namely:—
"(4) If no return is submitted by the dealer for any period of the year or if the return filed is incomplete or incorrect, or if not accompanied with any of the documents prescribed or proof of payment of tax, the Assessing Authority shall, after making such enquiry as it may consider necessary, assess the dealer to the best of its judgment, subject to such conditions as may be prescribed, after the completion of that year:
Provided that before taking action under this sub-section, the dealer shall be given a reasonable opportunity of being heard.";
(4) for sub-section (5) including the Proviso thereunder, the following sub-section including the Proviso and the Explanation shall be substituted, namely:—
"(5) In addition to the tax assessed under sub-section (4), the Assessing Authority shall, in the order of assessment passed under sub-section (4) or by a separate order, direct the dealer to pay by way of penalty, a sum which shall be, one hundred and fifty per cent of the difference of the tax assessed and the tax already paid as per the returns:
Provided that no penalty under this sub-section shall be imposed after the period of six years from the date of assessment order unless the dealer affected has had a reasonable opportunity of showing cause against such imposition.
Explanation.— For the purpose of levy of penalty under this sub-section, the tax assessed on the following kinds of turnover shall be deducted from the tax assessed under sub-section (4):—
(i) Any turnover representing additions to the turnover as per the returns made by the Assessing Authority without reference to any specific concealment of turnover;
(ii) Any turnover estimated by the Assessing Authority with reference to any specific concealment of turnover as per the returns:
(iii) Any turnover on which tax is paid at the concessional rate subject to the condition of furnishing any declaration but where such declaration could not be furnished at the time of assessment.".
5. Amendment of Section 25.— In Section 25 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) If any dealer who is liable to pay tax under this Act fails to submit return within the prescribed period, or if the return submitted by him appears to the Assessing Authority to be incomplete or incorrect, the Assessing Authority may, after making such enquiry as it considers necessary, determine provisionally the tax payable by the dealer to the best of its judgment:".
6. Amendment of Section 26.— In Section 27 of the principal Act,—
(1) in sub-section (1),—
(i) in Clause (a), for the expression "five years from the date of assessment order by the Assessing Authority", the expression "six years from the date of assessment" shall be substituted;
(ii) in Clause (b), for the expression "five years from the date of order of assessment by the Assessing Authority", the expression "six years from the date of assessment" shall be substituted;
(2) in sub-section (2), for the expression "five years from the date of order of assessment", the expression "six years from the date of assessment" shall be substituted;
7. Amendment of Section 28.— In Section 28 of the principal Act, in sub-section (1), for the expression "five years from the date of order of assessment by the Assessing Authority", the expression "six years from the date of assessment" shall be substituted.
8. Amendment of Section 40 — In Section 40 of the principal Act, in the first Proviso to sub-section (2), for the expression "five years from the date of order of the assessment", the expression "six years from the date of assessment" shall be substituted.
9. Amendment of Section 53.— In Section 53 of the principal Act —
(1) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) The Joint Commissioner may, of his own motion, call for and examine any assessment deemed to have been made under subsection (2) of Section 22 or an order passed or proceeding recorded by the Appropriate Authority under subjections (4), (5) & (6) of Section 22 or Sections 24, 25, sub-sections (1), (2), (3) & (4) of Section 27, Section 28 or Section 29, and if such assessment or order or proceeding recorded is prejudicial to the interests of revenue, may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may initiate proceedings to revise, modify or set aside such assessment or order or proceeding and may pass such order thereon as he thinks fit.";
(2) in sub-section (2), for Clause (c), the following Clause shall be substituted, namely:—
"(c)more than six years have expired after the date of assessment:".
10. Amendment of Section 55.— In Section 55 of the principal Act—
(1) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) The Additional Commissioner may, of his own motion, call for and examine any assessment deemed to have been made under subsection (2) of Section 22 or an order passed or proceeding recorded by the Appropriate Authority under sub-sections (4), (5) & (6) of Section 22 or Sections 24, 25, sub-sections (1), (2), (3) & (4) of Section 27, Section 28 or Section 29 or an order passed by the Joint Commissioner under sub-section (1) of Section 53 or sub-section (3) of Section 54, and if such assessment or order or proceeding recorded is prejudicial to the interests of revenue, may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may initiate proceedings to revise, modify or set aside such assessment or order or proceeding and may pass such order thereon as he thinks fit";
(2) in sub-section (2), for Clause (c), the following Clause shall be substituted, namely:—
"(c)more than six years have expired after the date of assessment:". |
