The Himachal Pradesh Value Added Tax Act, 2005
himachal-pradesh · 2005
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- S. 1(1) This Act may be called the Himachal Pradesh Value Added Tax Act, 2005
- S. 2Section 2 defines key terms used in the Himachal Pradesh Value Added Tax Act, 2005, including "Act," "Assessing Authority," "business," and "capital goods."
- S. 3Section 3 appoints officials and authorities for implementing Himachal Pradesh Value Added Tax Act.
- S. 4Section 4 outlines the conditions under which dealers in Himachal Pradesh become liable to pay value-added tax based on their annual gross turnover.
- S. 5Section 5 imposes tax on certain registered dealers in Himachal Pradesh even if they are exempt under the Central Sales Tax Act.
- S. 6Section 6 of the Himachal Pradesh Value Added Tax Act, 2005 levies tax on the sale of specified goods at various points and rates.
- S. 7Section 7 allows certain registered dealers with low turnover to pay a lower presumptive tax instead of regular tax, but no input tax credit is available.
- S. 8Section 8 imposes a tax on dealers purchasing non-specified goods for use in manufacturing or sending outside the state, if no other tax applies.
- S. 9Section exempts specified goods from sales tax under certain conditions and allows amendments to the exemption list.
- S. 10Section 10 allows the Himachal Pradesh State Government to amend tax schedules by adding or deleting goods with at least ten days' notice.
- S. 11Section 11 allows registered dealers to claim input tax credit on purchases, subject to conditions and maintenance of required records.
- S. 12Section 12 calculates net tax payable by subtracting input tax credit from output tax plus purchase tax.
- S. 13Section 13 stipulates that dealers must prove their non-liability for tax or eligibility for input tax credit.
- S. 14Section 14 mandates dealer registration for tax compliance in Himachal Pradesh, with exceptions for casual dealers and voluntary registrations.
- S. 15Section 15 allows the Commissioner to require dealers to provide security for tax compliance as a condition for registration.
- S. 16(1) Tax payable under the Act shall be paid in the manner hereinafter provided at such intervals as may be prescribed
- S. 17Section 17 mandates deduction of up to four percent tax from payments for goods transfers and sales, except for certain deductible turnovers.
- S. 18Section 18 requires dealers to provide necessary declarations or certificates for deductions, sales to government, or concessional tax rates.
- S. 19Section 19 imposes interest on dealers in Himachal Pradesh who fail to pay their value-added tax on time, with rates increasing after one month.
- S. 20Section 20 prohibits unauthorized tax collection and outlines penalties for violations, including fines or double the collected tax amount.
- S. 21Section 21 mandates dealers to file returns and allows for scrutiny and assessment if returns are incomplete.
- S. 22(1) A casual dealer who is registered under this Act, shall be assessed like any other registered dealer under section
- S. 23Section 23 allows the Assessing Authority to re-assess tax and impose penalties if under-assessment is discovered within three years.
- S. 24Section allows tax assessments regardless of time limits if court orders dictate, excluding court-stayed periods from limitation computation.
- S. 25Unpaid tax, penalty, and interest under the Act are recoverable as land revenue arrears and have priority over other property claims.
- S. 26Section 26 ensures tax, penalty, and interest due under the Act are first charges on the debtor's property.
- S. 27Section 27 allows the Commissioner to require third parties to pay tax arrears directly to the government on behalf of non-compliant dealers.
- S. 28Section 28 mandates the refund or adjustment of excess tax, interest, or penalty paid under the Himachal Pradesh Value Added Tax Act, 2005.
- S. 29Section 29 mandates registered dealers to maintain detailed accounts and registers of goods transactions and permits the Assessing Authority to require additional record-keeping.
- S. 30Section 30 mandates registered dealers to issue specific tax invoices for taxable sales to claim input tax credit, except in certain exempt cases.
- S. 31Section 31 mandates registered dealers to issue credit or debit notes for correcting overcharged or undercharged tax invoices within six months.
- S. 32Section 32 allows tax officials to inspect and copy business records of registered dealers to ensure compliance with tax laws.
- S. 33Section 33 authorizes designated officers to inspect business premises and records for tax compliance purposes.
- S. 34Section 34 mandates the establishment of check posts to prevent tax evasion and requires vehicle owners to produce specific records at checkpoints.
- S. 35Section 35 mandates carriers of goods in Himachal Pradesh to obtain registration and submit returns, with authority to verify compliance.
- S. 36Section allows assessees to send authorized representatives to attend proceedings under the Himachal Pradesh Value Added Tax Act.
- S. 37Section empowers the Commissioner to request information from any person, including banks, for tax proceedings.
- S. 38The Commissioner can delegate certain powers under the Act to an officer of at least Additional Excise and Taxation Commissioner rank.
- S. 39Section 39 ensures continuity of registration for business transfers, deeming transferees as always registered.
- S. 40Section 40 mandates a dealer to pay tax on unsold goods after registration cancellation, except when business is transferred.
- S. 41Section 41 ensures that members of a partitioned or dissolved business remain liable for pre-partition tax and registration.
- S. 42Section 42 determines tax liabilities for a deceased dealer's business, assigning liability to legal representatives if the business continues or discontinues.
- S. 43Section 43 prevents civil court questioning of assessments and orders under the Himachal Pradesh VAT Act, except as specified in sections 45, 46, and 48.
- S. 44Section 44 establishes an appellate tribunal for value added tax in Himachal Pradesh, detailing its formation, membership, and terms.
- S. 45Section 45 outlines the appeal process for orders under the Himachal Pradesh Value Added Tax Act, 2005.
- S. 46Section 46 allows the Commissioner to review and rectify tax proceedings, with powers extendable to other officers and tribunals ensuring due process.
- S. 47(1) The Tribunal or Commissioner or the officer on whom THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005 88 mistake
- S. 48Section 48 allows aggrieved parties to appeal tribunal orders to the High Court for revision and stay tax recovery during the appeal.
- S. 49Section 49 grants the Tribunal or Commissioner powers equivalent to a court to enforce attendance, compel document production, and issue commissions for witness examination.
- S. 50Section 50 outlines penalties for various acts of tax evasion and fraud under the Himachal Pradesh Value Added Tax Act, 2005.
- S. 51Section 51 allows certain officers to accept double the tax from accused individuals to settle tax offenses, ending further proceedings.
- S. 52(1) No Court shall take cognizance of any offence punishable THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005 99 of
- S. 53Section 53 makes former directors jointly liable for unpaid taxes or penalties if the company cannot recover them.
- S. 54Any property seized or detained under this Act, which is not THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005 100 p
- S. 55Section 55 protects state government officers from legal action for good faith actions under the Himachal Pradesh Value Added Tax Act.
- S. 56Section 56 makes all tax-related statements, returns, and documents confidential, except in specific legal proceedings.
- S. 57Section 57 deems certain appointed officials as public servants under the Indian Penal Code for Himachal Pradesh VAT Act.
- S. 58Section 58 exempts sales or purchases outside Himachal Pradesh, during import/export, and inter-State trade from value-added tax.
- S. 59Section 59 allows tax officers to request police or government assistance for enforcing the Himachal Pradesh Value Added Tax Act.
- S. 60Section 60 allows the Assessing Authority to scrutinize tax returns and issue notices for additional tax, penalties, and interest if discrepancies are found.
- S. 61Section 61 authorizes the Commissioner to inspect or audit dealers' returns and documents to verify tax claims and credits.
- S. 62Section 62 transitions existing registered dealers and stock of taxable goods to the Himachal Pradesh Value Added Tax Act, 2005.
- S. 63Section 63 empowers the Himachal Pradesh government to create rules for tax collection and requires legislative assembly review and approval of these rules.
- S. 64Section 64 repeals the Himachal Pradesh General Sales Tax Act, 1968, effective from the new Act's commencement, without affecting existing rights, penalties, or ongoing legal proceedings.
- S. 2007Section penalizes dealers for falsely or incorrectly claiming input tax credit, with fines up to 25% of the incorrect amount.
- S. 2011Section allows amendment of schedules to adjust input tax credit for Himachal Pradesh Value Added Tax Act.