Bare ActsThe Daman and Diu Value Added Tax Regulation 2005

Section 6

Amendment status not verified — confirm the current text below against the official source.

(1) The sale of goods specified in the First Schedule shall be exempt from tax: Provided that the Government may, by notification, specify the codditions and .exceptions, if any, for the purposes of such exemptions. (2) Where a dealer sells Capital goods used by him on and from the time of purchase exclusively for purposes other than making non-taxed sale of goods, and has not claimed a taxcredit in respect of such capital goodsunder section 9, the s a l e o f s u c ~ ~ ~ ~ i t a l ~ o o d s shall be exempt from tax. L - .. . : SERIES - I No. : 05 DATED isTH AUGUST, 2005. - - - . - (3) Where any dealer has purchased any goods on the basis ofa declaration or certificate under any order or scheme referred to in sub-section (5) an&' (a) any of the conditions subject to which such exemption was granted, or (b) any of the recitals or the conditions of the declaration, or certificate, are not complied with for any reason whatsoever, then, without prejudice to the other provisions of this Regulation, such dealer, shall, notwithstanding that such dealer or person was not liable to pay tax underany other provisions of this Regulation, be liele to pay tax on the sale price of the goods at the rates specified in section 4 and accordingly the dealer, who has become liable to pay tax under this sub-section shall, file a return in the preicribed form to the prescribed authority within a prescribed time, and include the sale price of such turnover in his return, and pay the tax in the prescribed meher. (4) The tax due from any dealer referred to in sub-section (3) shall be assessed and tax recovered as if the dealer is a dealer liable to be proceeded against under the provisions of this Regulation. , (5) Subject to such conditions as the Government may, by notification, specify, all exports from the export, orientedunit, electronic hardware and technology park, software technology park unit and theipecial economic zone located within Daman and Diu, shall he exempted from the levy of tax. Exp1a~lion.-For the purposes ofthis sub-section, "exportoriented unit", "electronic hardware and technology park", "&Aware technology park unit"and the "special economic zone" shall mean the delineated area as may be notified by the Central Government to be such 'Unit' or 'Park' or '2dne1, as the w may be. . . . > (6) In a case where adealei or a class of dealers had been granted exemption before tl~e'cornmeneement of his Regulation from levy of tax underthe~han and Diu Sales Tax 4 or 1964. Act, 1964 repealed by section !06, the~overnment may, by geried or speclal order, published in the Official Gazette, provide' for a deferral scheme (including ascheme providing the manner in which such exemption eom tax shall be continued) or~grant exemption from levy of tax to such dealer or claisaf dealers and such deferral scheme or exemption shall be for the remaining period for which the dealer or class of dealers hadbee'nexempted under the Act so repealed.

Section 6 – The Daman and Diu Value Added Tax Regulation 2005 | DailyLaw.ai