The Nagaland Value Added Tax Act, 2005
nagaland · 2005
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- S. 1The Nagaland Value Added Tax Act, 2005 immediately comes into force, with remaining provisions to be appointed by the state government.
- S. 2Section 2 defines key terms used in the Nagaland Value Added Tax Act, 2005, including "Act," "Appellate Tribunal," "Assessee," "Assessing authority," "Business," and "Capital goods."
- S. 3Section 3 empowers the State Government to appoint tax officials and define their roles and duties under the Nagaland Value Added Tax Act.
- S. 4The Nagaland Value Added Tax Act, 2005 allows the government to establish an appellate tribunal to handle appeals under the act.
- S. 5Section 5 allows the Commissioner to delegate powers and functions to appointed officials under certain conditions.
- S. 6Section 6 deems the commissioner and officers appointed under Section 3, including appellate tribunal members, as public servants under Indian Penal Code.
- S. 7Section 7 provides immunity from legal action for government servants executing the Act's provisions.
- S. 8Incidence of tax: (1) Every dealer: a
- S. 9Section 9 levies tax on a dealer's taxable turnover of sales after exempting certain inter-state, export, and import sales.
- S. 10Levy of tax on purchase: Every dealer who in the course of his business purchases any goods: a
- S. 11Section 11 imposes VAT on containers or packing materials sold with taxed goods, except when sold with exempt goods.
- S. 12Section 12 of the Nagaland Value Added Tax Act, 2005 specifies the rates and conditions for VAT on goods and works contracts.
- S. 13Section 13 of the Nagaland VAT Act exempts, zero-rates, and reimburses taxes on specified goods and services, including exports and certain international purchases.
- S. 14Section 14 defines output tax for registered dealers in Nagaland as tax on sales of goods in business.
- S. 15Section 15 defines input tax for registered dealers under the Nagaland VAT Act, excluding certain specified goods.
- S. 16Section 16 calculates net tax payable by subtracting input tax from output and purchase tax, with adjustments for negative balances.
- S. 17Section 17 allows registered dealers in Nagaland to claim input tax credit for purchases used in taxable sales, manufacturing, or exports.
- S. 18Section 18 allows excess input tax credit to be set off against outstanding tax or refunded after two years.
- S. 19Section 19 adjusts input tax credit for registered dealers based on credit or debit notes or returned goods.
- S. 20Section 20 states that dealers must prove their tax liability or input credit eligibility in sales or purchases.
- S. 21Section 21 imposes a presumption tax on registered retailers with turnover up to rupees ten lakhs, but allows them to opt for other tax options.
- S. 22The Nagaland Value Added Tax Act allows the government to amend schedules with at least 14 days' notice.
- S. 23Section 23 outlines the issuance of credit and debit notes for tax adjustments in sales transactions under the Nagaland VAT Act.
- S. 24Section 24 mandates compulsory registration for dealers liable to pay tax under the Nagaland Value Added Tax Act, 2005.
- S. 25Section 25 allows dealers with annual sales over ₹50,000 to voluntarily register and pay tax under the Nagaland VAT Act.
- S. 26Section 26 mandates the Commissioner to require dealers to furnish security for tax payment and allows forfeiture for tax evasion or negligence.
- S. 27Section 27 imposes penalties for unregistered dealers in Nagaland failing to register within two months, with fines up to ₹10,000 per month of default.
- S. 28Section 28 mandates registered dealers to file periodic VAT returns and pay applicable taxes, with exemptions and adjustments possible as per Commissioner's discretion.
- S. 29Section 29 imposes interest and penalties on dealers in Nagaland for failing to file returns or pay tax and interest on time.
- S. 30—
- S. 31Section rounds tax or penalty amounts to the nearest rupee, increasing if fifty paise or more, otherwise ignoring.
- S. 32Section 32 mandates scrutiny of tax returns by the assessing authority to verify correctness and impose additional tax if errors are found.
- S. 33Section 33 mandates tax audits by designated officers to verify dealer records, stock, and claims for input tax credit.
- S. 34Section 34 outlines the process for self-assessment of tax due by registered dealers in Nagaland.
- S. 35Section 35 mandates provisional assessment for defaulting registered dealers, with Commissioner's right to revoke it if full tax is paid.
- S. 36Section 36 allows the Commissioner to conduct audit assessments and require dealers to produce records if there's suspicion of incorrect returns or claims.
- S. 37Section 37 mandates the Commissioner to assess and penalize unregistered dealers for tax evasion.
- S. 38Section 38 prohibits tax assessments after five years except in cases of initiated prosecution for offenses.
- S. 39Section 39 allows the Commissioner to reassess a dealer's turnover if it believes tax was underpaid or escaped assessment, but must act within five years.
- S. 40Section 40 excludes time during court-ordered stays from assessment or reassessment periods.
- S. 41Section 41 allows reassessment of tax if a court or tribunal finds an earlier order erroneous, within three or five years.
- S. 42Section 42 outlines the payment and recovery procedures for tax, penalties, and interest under the Nagaland Value Added Tax Act, 2005.
- S. 43Section 43 allows the Commissioner to recover tax or penalty directly from any person holding money for the dealer.
- S. 44Section 44 of the Nagaland VAT Act penalizes dealers for over-collecting tax and outlines the process for imposing penalties.
- S. 45—
- S. 46Section 46 of the Nagaland VAT Act establishes tax as the first charge on dealer's property and sets a five-year limit for tax recovery.
- S. 47Section 47 allows tax refund on sales to certified UN agencies and diplomatic missions in Nagaland.
- S. 48Section 48 allows the Commissioner to refund excess tax, penalty, and interest paid by dealers, with adjustments against future tax liabilities.
- S. 49Section 49 allows registered dealers to apply for provisional VAT refunds for exports, with potential recovery of excess refunds and interest.
- S. 50Section 50 provides interest rates for refunds and penalties for late tax payments under the Nagaland Value Added Tax Act, 2005.
- S. 51Wheel chairs and crutches used by physically handicapped and invalid persons
- S. 52Section 52 allows the Nagaland government to exempt certain sales or purchases from VAT under specific conditions, but imposes tax if exemptions conditions are violated.
- S. 53Section 53 allows the Nagaland government to create a tax composition scheme for certain retail dealers.
- S. 55Section 55 mandates registered dealers to issue tax invoices with specific details for taxable sales to other dealers or in certain circumstances.
- S. 56Section 56 mandates electronic records to be retained in readable format for a period specified in Section 54, along with hard copies.
- S. 57Section 57 mandates the Commissioner to request any information or documents related to the Act's enforcement.
- S. 58Section 58 mandates dealers with a gross turnover exceeding a specified amount to audit their accounts and report to the Commissioner, with penalties for non-compliance.
- S. 59Section 59 requires dealers to declare their business managers' names for tax purposes under the Nagaland Value Added Tax Act, 2005.
- S. 60Section 60 of the Nagaland VAT Act, 2005 outlines tax liabilities upon the death of a dealer, including continuation by legal representatives or dissolution of a firm.
- S. 61Section 61 of the Nagaland VAT Act, 2005 makes agents and their principals jointly liable for tax on sales or purchases on behalf of the principal.
- S. 62Section 62 makes partners jointly and severally liable for tax payments if a firm is liable under the Nagaland VAT Act.
- S. 63Section 63 regulates tax treatment for companies amalgamated before the effective date, treating inter-company sales as taxable transactions.
- S. 64Section 64 grants the Commissioner powers to inspect businesses, seize documents, and search premises to prevent tax evasion.
- S. 65Section 65 mandates the Commissioner to conduct surveys to identify unregistered dealers liable for tax under the Nagaland Value Added Tax Act.
- S. 66Section 66 establishes check posts to inspect goods and vehicles to prevent tax evasion in Nagaland.
- S. 67Section 67 of the Nagaland VAT Act, 2005 mandates transit passes for vehicles carrying taxable goods through the state.
- S. 68Section 68 mandates the establishment of an automated data processing system for VAT purposes and allows state regulations for its effective implementation.
- S. 69Section 69 empowers the Commissioner to collect statistics for better administration of the Nagaland VAT Act.
- S. 70Section 70 of the Nagaland Value Added Tax Act, 2005 makes tax-related information confidential and prohibits disclosure by government servants without specific exceptions.
- S. 71Section 71 prohibits disclosure of tax information without consent and penalizes false reporting or failure to provide required information.
- S. 72Publication and disclosure of information respecting dealers and other persons in public interest
- S. 73Section 73 allows taxpayers to appeal against orders under the Nagaland VAT Act within 30 days, with possible extensions.
- S. 74Section 74 allows for a second appeal to the Appellate Tribunal against the Appellate Authority's decision, with specific timelines and procedural requirements.
- S. 75Section 75 allows the Commissioner to appeal against Tribunal orders and permits Tribunal review of its own decisions based on new facts.
- S. 76Section 76 allows dissatisfied assessees to file revisions with the High Court on legal errors or decisions.
- S. 77Section 77 allows revision or review applications to be heard by a High Court bench of at least two judges.
- S. 78Section 78 allows the Commissioner to revise and correct erroneous tax orders prejudicial to revenue.
- S. 80Section 80 allows tax authorities to correct errors in records, but not if it increases tax liability without notice.
- S. 81Section 81 outlines penalties for false representations, false returns, and false documents in Nagaland's Value Added Tax Act.
- S. 83Section 83 makes VAT Act offences bailable and allows certain magistrates to impose fines for specified violations.
- S. 84Section authorizes the Commissioner to delegate investigation of VAT Act offenses to designated officers.
- S. 85Section 85 allows the Commissioner to accept a composition fee for certain VAT offences, abating further proceedings.
- S. 86Section 86 imposes penalties up to ₹2,000 for non-compliance with the Nagaland VAT Act, with daily fines of ₹100 if the offense continues after notice.
- S. 87Court fee on appeal and certain other applications: Notwithstanding anything contained in Court-fees Act, 1959
- S. 88Section 88 applies provisions of the Limitation Act, 1963 for computing limitation periods under Chapter IX.
- S. 89Section 89 authorizes tax authorities to purchase undervalued goods if the value is significantly lower than market price.
- S. 90Section 90 allows authorized representatives to attend tax proceedings on behalf of individuals, with specific disqualifications for certain professionals.
- S. 91Section 91 mandates certain transport agencies to register and report taxable goods they handle in Nagaland.
- S. 92Section 92 mandates registered dealers to collect tax, government entities to collect tax on their sales, and deductions from payments to dealers for work contracts.
- S. 93Section 93 mandates all businesses in Nagaland to display the dealer's name and firm details prominently.
- S. 94Section 94 grants officers the power to summon individuals to provide evidence and documents for tax proceedings.
- S. 95Section 95 prevents court challenges and appeals against tax orders under the Nagaland VAT Act, 2005.
- S. 96Section 96 empowers the Nagaland State Government to create rules for the Act, including levying fees, and to impose fines for breaches.
- S. 97Section 97 provides transitional provisions for registered dealers and tax officials under the Nagaland Value Added Tax Act, 2005.
- S. 98Section 98 allows the Nagaland Government to issue notifications to address any difficulties in implementing the Act.
- S. 99Section 99 mandates that government entities must obtain a clearance certificate from dealers to ensure tax compliance before making purchases.
- S. 100Section 100 repeals previous Nagaland tax acts while preserving existing rights, penalties, and ongoing legal proceedings under them.
- S. 101Section 101 nullifies application of the Nagaland Sales Tax Act, 1967, for goods under the Nagaland Value Added Tax Act, 2005.
- S. 102The Nagaland Sales Tax Act, 1967, shall be amended in the manner specified in schedule-VI to this Act