Amendment status not verified — confirm the current text below against the official source.
Payment of Tax - (I) Every person liable to pay tax under this Act shall, deposit the tax payable ir, respect of every month on or before the fifteenth day of the following month in such manner as may be prescribed and shall furnish the proof of payment in the form and manner prescribed (2) If a person l iable to pay tax under this Act fails to pay the amount of tax payable according to the provisions of sub-section (I). such person shall be liable to pay interest, in respect of tax pay able under sub-section ( l ), at the rate of two percent per month of the amount due from the date the tax so payable had become due to the date of us payment Explanation: - For the purpose of this sub-section. where the period of default m payment of tax covers a period less than a month. the interest payable on such tax in respect of such period shall be computed proportionately; (3) Any. interest levied under this section shall be without prejudice to any action, which is. or may be, taken under section 9. 9 Offence - (I) Whoever - (a) while being liable to pay tax under section 3 or 8 contravenes the provisions of section 6; or (b) fails to furnish a return required under section7, or (c) collects tux in excess of the amount to which he is entitled under section 5, or (d) fails to make payment of tax as required under section 8; or (e) obstructs any officer making inspection or search of seizure, 16 which may extend Lo three months and with fine not exceeding two thousand rupees (2) The offence shall be bailable and non-cognizable. It shall be triable by the Court of Judicial Magistrate first class. 10 Compounding of offences - (1) The Commissioner may. either before or after initiating of proceedings under section 9. accept from a person charged with an offence under section 9 or under any rule made under this Act by way of compounding of the offence, a sum not exceeding ten thousand rupees and where the offence charged was likely to cause or caused evasion of any amount of tax payable under this Act, a sum not exceeding three times of such amount. whichever is higher. (2) On payment of such sum as may be determined by the Commissioner no further proceeding shall be taken against the person in respect of such offence. I I Applicability of the provisions of the Jharkhand Value Added Tax Act, 2005 (Act 05 of 2006) and Rules made thereunder - Subject to other provisions of this Act and Rules framed thereunder the authority empowered to assess, reassess, collect and enforce payment of tax, interest and penalty payable by a dealer under the Jharkhand Value Added Tax Act, 2005 (Act 05 of 2006) shall assess, reassess, collect and enforce payment of tax, interest and penalty payable under this Act and for this purpose they may exercise all or any of the powers assigned to them under the said Act and Rules made thereunder for the time being in force including the provisions relating to returns. assessment, escaped assessment, recovery of tax, interest and penalty, special mode of recovery, maintenance of accounts. inspection, search and seizure, liability in representative character, Shall, on conviction. be punished with imprisonment, of either descnpuon, for a term which shall not be less than one month but ' 17 refund. appeal, revision and reviews, compounding offences and other miscellaneous matters and the provisions of the said Act shall rnutanus mutandis apply accordingly. 12 Power to make rules - (I) The State Government may make rules not inconsistent with the provisions of this Act for - (i) all matter expressly required or allowed by this Act to be prescribed generally for carrying out 'the purposes of this Act and regulating the procedure to be followed, forms to be adopted and fees to be paid in connection with proceeding under this Act and all other matters ancillary or incidental thereto; (ii) any other matter for which there is no provision or no sufficient provision in this Act and for which provision is, in the opinion of the State Government necessary for giving effect to the purposes of this Act. (2) Any rule made under this section may provide that the contravention thereof shall be punishable with fine which may extend to three thousand rupees and where the contravention is continuing one. with a further tine which may extend to fifty rupees per day for every day during which such contravention continues. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of State Legislature while it rs in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before expiry of the session in which it is laid or the. session immediately following both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. !l4 i '«ll o;g "1vlc!" (3ffll'<lRVf). 1\)/ll ti I'< 27 ~. 2 012 18 • 19 enforced." (111) The levy. assessment or recovery of any tax or the imposition or recovery of any penalty, in respect of such period, under the provisions of such enactments and all proceedings under them in respect of all matters aforesaid shall be initiated and disposed of, or continued and disposed of, as the case may be, as if this Act had not been (it) Any legal proceeding or remedy whether initiated or availed of before or after this repeal, in respect of any such right, title, obligation or liability; (i) Any right, title, obligation or liability already required, accrued or incurred for anything done or suffered, ill respect of the period immediately preceding this repeal;