Amendment status not verified — confirm the current text below against the official source.
(1) Any person who---- (a) wilfully acts in contravention of the provisions of this Act or the rules made thereunder; or (b) furnishes any certificate, declaration, bill, cash memorandum, voucher, delivery note, goods receipt or other document, which he knows or has reason to believe it to be false; or (c) being a registered dealer, falsely represents when purchasing any class of goods for use by him in the manufacture of any goods for sale, that goods of such class are covered by his certificate of registration; or (d) not being a registered dealer, falsely represents when purchasing goods in Himachal Pradesh that he is a registered dealer; or (e) after purchasing any goods for any of the purposes specified in the Act, fails, without reasonable excuse, to make use of the goods for any such purpose; or (f) has in his possession any form issued under the Act on payment by the Government, which has not been obtained by him or by his principal or by his agent in accordance with the provisions of this Act or any rules made thereunder; or (g) prevents inspection or examination of books, documents and accounts or knowingly maintains THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005 95 false books, documents and accounts or wilfully fails to produce the books, documents and accounts mentioned in section 32; or (h) fails to carry with him any of the records or documents specified in section 34; or (i) makes any statement or declaration in any of the documents specified in section 34 or section 35, as the case may be, which statement or declaration he knows or, has reasons to believe to be false; or (j) in any way is knowingly concerned in any fraudulent evasion or attempt at evasion or abetment of evasion of any tax payable in respect of the sale or purchase of any goods under this Act; or (k) if he is a driver or any other person-in-charge of goods vehicle or vessel or an owner of the goods, refuses on demand by the officer-in-charge of the check post or barrier or any other officer, not below the rank of an Excise and Taxation Inspector, to give his name and address or the name and address of the owner of the goods vehicle or of the consignor or consignee of the goods or gives any name and address of any of these persons, which he knows or has reason to believe to be false; or (l) aids or abets any person in the commission of any offence specified in this sub-section; he shall, without prejudice to the recovery of any tax or interest or penalty which may be due from him, be punishable with THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005 96 simple imprisonment which may extend to six months, or with fine, or with both; and when the offence is a continuing offence, with a daily fine which may extend to fifty rupees for every day during which the offence continues. (2) Whosoever contravenes or fails to comply with, any of the provisions of this Act or the rules made thereunder, or any order or direction made or given thereunder, shall, if no other penalty is provided either under sub-section (1) of this section or under any other provisions of this Act for such contravention or failure, be liable to imposition of a penalty, 1[not exceeding five thousand rupees, and where such contravention or failure is continuing one, to a daily penalty not exceeding two hundred rupees] during the period of the continuance of the contravention or failure. (3) Any officer-in-charge of the check post or barrier or any other officer, not below the rank of an Excise and Taxation Officer, appointed under sub-section (1) of section 3 or such other officer as the State Government may, by notification, appoint, may, after affording to the person concerned a reasonable opportunity of being heard, impose the penalty mentioned in sub-section (2): Provided that the officer-in-charge of the check post or a barrier shall exercise such powers only at such check posts or barriers. 1 Substituted for the words and signs ―not exceeding two thousand rupees, and where such contravention or failure is continuing one, to a daily penalty not exceeding fifty rupees‖ by Act No. 2 of 2013 vide notification No. LLR-D(6)-35/2012-LEG dated 05-01-2013 published in R.H.P. on 15-01-2013. THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005 97 150-A. Locking of Tax Identification Number and suspension of e-services.-(1) Notwithstanding anything contained in section 50, any person who is registered under this Act, fails to pay any tax, penalty or interest payable under the Act or fails to furnish return(s) by the prescribed date or has filed incomplete or incorrect return or has conducted transactions as per data available in the software being used by the Department but has not filed corresponding returns or no business at the declared place is being conducted or deliberately avoids service of notice or has failed to comply with the requirements of any notice, the prescribed authority or the Assessing Authority may, after obtaining the approval of the 2―Commissioner prior to blocking the uploading of forms VAT-XXVI and VAT-XXVI-A and‖ lock his Tax Identification Number and or suspend the e-services being availed by him as the deems fit, without prejudice to any other action which may be taken against him under this Act or the rules made thereunder: Provided that a notice shall be issued immediately after locking of the Tax Identification Number and or suspension of e- services by such authority to the person concerned informing him about the action taken alongwith reasons thereof. The locked Tax Identification Number and suspended e-services shall be restored immediately after furnishing evidence of payment of tax, interest, penalty or furnishing of overdue returns, or on compliance of any other action which such persons had been directed to take, as the case may be. 1 New section 50-A shall be inserted by the Act No. 13 of 2015 vide Notification No. L.L.R.-D(6)-6/2015- LEG. dated 10-05-2015 published in R.H.P. on 18-05-2015. 2 Substituted for the word and sign ―next higher authority‖ by Act No. 10 of 2016 vide notification No. L.L.R.-D(6)- 6/2016-LEG. Dated 26-05-2016 published in R.H.P. on 28-05-2016. THE HIMACHAL PRADESH VALUE ADDED TAX ACT, 2005 98 (2) In all cases where the Tax Identification Number has been locked and e-services suspended or restored under sub-section (1), such authority shall display the fact on the official website of the Department and also inform the Commissioner within twenty four hours. Explanation.— For the purpose of this section, locking of Tax Identification Number and suspension of e-services means temporary stoppage of inter-state movement of goods of the concerned person and withholding of e-services being provided by the Department for the purpose of verification, compliance or for any other purpose. Compounding of offences.