Amendment status not verified — confirm the current text below against the official source.
(l) Where ony goods on which tox, if ony, hod been poid under the existing low ot the time ol sole thereof, not being eorlier thon six months prior to the oppointed doy, ore returned to ony ploce of business on or ofter the oppointed doy, the registered person sholl be eligible for refund ofthe tox poid under the existing low where such goods ore returned by o person, other thon o registered person, to the soid ploce of business within o period of six months from the oppointed doy ond such goods ore identifioble to the sotisfoction of the proper officer : Provided thot if the soid goods ore returned by o registered person, the return of such goods sholl be deemed to be o supply. (2) (o) where, in pursuonce of o controct entered into prior to the oppointed doy, the price of ony goods is revised upwords on or ofter the oppointed doy, the regis- tered person who hod sold such goods sholl issue to the recipient o s u pple- mentory invoice or debit note, contoining such porticulors os moy be prescribed, within thirty doys of such price revision Miscello- neous tronsitionol provisions. 303 ond for the purposes of this Act, such supplementory invoice or debit note sholl be deemed to hove been issued in respect of on outword supply mode under this Act ; (b) where, in pursuonce of o controct entered into prior to the oppointed doy, the price of ony goods is revised downwords on or ofter the oppointed doy, the regis- tered person who hod sold such goods moy issue to the recipient o credit note, contoining such porticulors os moy be prescribed, within thirty doys of such price revision ond for the purposes of this Act such credit note sholl be deemed to hove been issued in respect of on outword supply mode under this Act Provided thot the registered person sholl be ollowed to reduce his tox liobility on occount of issue o{ the credit note only if the recipient of the credit note hos reduced his input tox credit conesponding to such reduction of tox liobility. (3) Every cloimfor refund filed by ony person belore, on or ofter the oppointed doy for refund of ony omount of input tox credit, tox, interest or ony other omount poid under the existing low, sholl be disposed of in occordonce with the provisions of existing low ond 304 ony omount eventuolly occruing to him sholl be refunded to him in cosh in occordonce with the provisions of the soid low : Provided thot where ony cloim for refund of the omount of input tox credit is fully or portiolly rejected, the omount so rejected sholl lopse r Provided further thot no refund shollbe ollowed of ony omount of input tox credit where the bolonce of the soid omount os on the oppointed doy hos been corried forword under this Act. (4) Every cloim for refund filed ofter the oppointed doy for refund of ony tox poid under the existing low in respect of the goods exported before or olter the oppointed doy, sholl be disposed of in occordonce with the provisions ol the existing low : Provided thot where ony cloim for refund of input tox credit is Iully or portiolly rejected, the omount so reiected sholl lopse : Provided further thot no refund shollbe ollowed ofony omountof input tox credit where the bolonce of the soid omount os on the oppointed doy hos been corried forword under this Act. (5) Notwithstonding onything to the controry contoined in this Act, ony omount of input tox credit reversed prior to the oppointed doy sholl not be odmissible os input tox credit under this Act. 305 (5) (o) every proceeding of oppeol, revision. review or reference reloting to o cloim for input tox credit initioted whether before, on or ofter the oppointed doy under the existing low sholl be disposed of in occordonce with the provisions of the existing low. ond ony omount of creditfound to be odmissible to the cloimont sholl be refunded to him in cosh in occordonce with the provisions of the existing low, ond the omount rejected, if ony, sholl not be odmissible os in put tox credit under this Act : Provided thot no refund sholl be ollowed of ony omount of input tox credit where the bolonce of the soid omount os on the oppointed doy hos been corried Iorword under this Act ; (b) every proceeding ofoppeol, revision, review or reference reloting to recovery of input tox credit initioted whether before, on or olter the oppointed doy under the existing low sholl be disposed of in occordonce with the provisions of the existing low, ond if ony omount of credit becomes recoveroble os o result of such oppeol, revision, review or reference, the some sholl, unless (7) (o) (b) 306 recovered under tre existing low, be recovered os on orreor of tox under this Act ond the omount so recovered sholl not be odmissible os input tox credit under this Act. every proceeding of oppeol, revision, review or reference reloting to ony output tox liobility initioted whether before, on or o{ter the oppointed doy under the existing low, sholl be disposed of in occordonce with the provisions of the existing low, ond if ony omount becomes recover- oble os o result of such oppeol, revision, review or reference, the some sholl, unless recovered under the existing low, be recovered os on orreor of tox under this Act ond the omount so recovered sholl not be odmissible os input tox credit under this Act. every proceeding of oppeol, revision, review or reference reloting to ony output tox liobility initioted whether before. on or ofler the oppointed doy under the ex istin g low, sholl be disposed of in occordonce with the provisions of the existing low, ond ony omount found to be odmissible to the cloimont sholl be refunded to him in 307 cosh in occordonce with the provisions of the existing low ond the omount rejec- ted, if ony, sholl not be admissible os input tox credit under this Act. (8)(o) where in pursuonce of on os- sessment or odjudicotion proceedings instituted, whether before, on or ofter fre oppointed doy under *re existing low, ony omount of tox, interest, fine or penolty becomes recoveroble from the person, the some sholl, unless recovered under the existing low, be recovered os on orreor of tox under this Act ond the omount so recovered sholl not be od- missible os input tox credit under this Act ; (b) where in pursuonce ol on ossessment or odiudicotion proceedings instituted, whether before, on or ofter the oppointed doy under the existing low ony omount of tox, interest, fine or penolty becomes refundoble to the toxoble person, the some sholl be refunded to him in cosh undertre soid /ory ond the omount rejected, if dny, sholl not be odmissible os input tox credit under this Act. (9) (o) where ony return, furnished under the existing low, is revised ofter the oppointed doy ond ii, pursuontto such 108 revision, ony omount is found to be recoveroble or ony omount of input tox credit is found to be inodmissible, the some sholl, u nless recovered under the existing low, be recovered os on orreor of tox under this Act ond the omount so recovered sholl not be odmissible os input tox credit under this AcU (b) where ony return, furnished under the existing low, is revised ofter the oppointed doy but within the time limit specified for such revision under the existing low ond ff, pursuontto such revision, ony omount is Iound to be refu ndoble or input tox credit is found to be odmissible to ony toxoble person, the some sholl be refunded to him in cosh under the existing low, ond the omount rejected, if ony, sholl not be odmissible os input tox credit under this Act. (10) Sove os otherwise provided in this Chopter, the goods or services or both supplied on or olter the oppointed doy in pursuonce of o controct entered into prior to the oppointed doy sholl be lioble to tox under the provisions of this Act. 3 of 2005 32 ol 1994 3 of 2005 32 ol 1994 109 (11) (o) not withstonding onything contoined in section 12, no tox sholl be poyoble on goods under this Act to the extent the tox wos levioble on the soid goods underthe Arunochol Prodesh Goods Tox Act, 2005; (b) notwithstonding onything contoined in section I3, no tox sholl be poyoble on services under this Act to the extent the tox wos levioble on the soid services under Chopter V of the Finonce Act, I 994; (c) where tox wos poid on ony sup p ly, both under the Arunochol Prodesh Goods Tox Act, 2005 ond under Chopter V of the Finonce Act, 1994, tox sholl be levioble under this Act ond the toxoble person sholl be entitled to toke credit o{ volue odded tox or service tox poid under the existing low to the extent of supplies mode ofter the oppointed doy ond such credit sholl be colculoted in such monner os moy be prescribed. (12) Where ony goods sent on opprovol bosis, not eorlier thon six months before the oppointed doy, ore rejected or not opproved by the buyer ond returned to the seller on or ofter the oppointed doy, no tox sholl be poyoble thereon if such goods ore returned within six months from the oppointed doy: 3 of 2005 310 Provided thot the soid period of six months moy, on sufficient couse being shown, be extended by the Commissioner for o further period not exceeding two months : Provided further thotthe tox sholl be poyoble by the person returning the goods if such goods ore lioble to tox under this Act, ond ore returned ofter the period speci{ied in this sub- section: Provided olso thot tox sholl be poyoble by the person who hos sent the goods on opprovol bosis ii such goods ore lioble to tox under thisAct, ond ore not returned within the period specified in this sub-section. (l 3) Where o supplier hos mode ony sole of goods in respeaof which tox wos required to be deducted ot source under the Arunochol Prodesh Goods T.ix Aa, 2005 ond hos olso issued on invoice for the some before the oppointed doy, no deduction of tox ot source under section 5l sholl be mode by the deductor under the soid section where poymentto the soid supplier is mode on or ofter the oppointed doy. (14) Where ony goods or copitol goods belonging to the principolore lying ot the premises of the ogent on the oppointed doy, the ogent sholl be entitled to toke credit of the tox poid on such goods or copitol goods subject to iulfilment of the following conditions : (i) the ogent is o registered toxoble person under this ACt ; 3 of 2005. 3ll (iD botr the principol ond the ogent declore the detoils of stock of goods or copitol goods lying witr such ogent on the doy immediotely precedng the oppointed doy in strdr brm ond monner ond within such time os moy be prescribed in this beholf ; (iii) the invoices lor such goods or copitol goods hod been issued not eorlier thon twefue months immediotely preceding tte oppcinH doy; ord (iv) the principol hos either reversed or not ovoiled oI he input tox credit in respect of such,- (o) goods; or (b) copitolgoods or, hoving ovoiled of such credit, hos reversed the soid cred it, to the extent ovoiled of by him. Explonotion. -For the purposes ofthis Chopter, the expression "copitol goods"sholl hove the some meoning os ossigned to it in the Arunochol Prodesh GoodsToxAct, 2005. CHAPTER. XXI MISCELLANEOUS