Bare ActsThe Nagaland Value Added Tax Act, 2005

Section 53

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

Composition of tax: (1) The Government may be a notification publish in the Official Gazette provide for a scheme of composition subject to such conditions and restrictions as may be provided therein, of tax payable by those dealers who are engaged in the business of selling at retail any goods or merchandise. (2) For the purpose of this Section a dealer will be considered to be engaged in the business of selling at retail if 9/10" of his turnover of sales consists of sales made to persons who are not dealers and if any question arises as to whether any particular dealer is a retailer, then the officer in charge of the case shall refer the question to the Commissioner who shall after hearing the dealer if necessary, decide the question (3) Nothing in this Section shall apply to a dealer who is a manufacturer or who is an important or who has purchased any goods from a registed dealer whose sales of the said goods are not liable to tax under the provisions of this Act. CHAPTER-VI ACCOUNTS AND RECORDS 54, Maintenance of accounts and records: (1) Every registered dealer or a dealer to whom a notice has been served to furnished return under sub-section (2) of Section 28 shall maintain a true and up-date account of the value of goods purchased or manufactured and sold by him or goods held by him in stock, and, in addition to the books of account that that a dealer maintains and keeps for the purpose referred to in this sub-section, he shall maintain and keep such registers and accounts in such form in the manner prescribed. (2) Every registered dealer or dealer to in sub-section (1) shall keep at his place of business all accounts, registers and documents maintained in the course of business. (3) Where a dealer as referred to in sub-section (1) has established branch offices of the business in the State other than the principal place of business, the relevant accounts, registers and documents in respect of each such branch shall, without prejudice to the provisions of sub-section (5), be kept by him at such branch. -52- (4) If the Commissioner is of the opinion that the accounts maintained by any dealer or class of dealers do not sufficiently enable him to verify the returns referred to in sub-section (1) of Section 28 or the assessment can not be made on the basis thereof, he may by an order, requires such dealer or class of dealers, to keep such accounts, in such form and in such manner as he may, subject to rules made under this Act, direct. (5) If the Commissioner is satisfied that any dealer is not in a position to maintain accounts in accordance with the provisions of sub-section (1), he may, for reason to be recorded in writing, exempt such dealer from the operations of the provisions of the said sub-section.

Section 53 – The Nagaland Value Added Tax Act, 2005 | DailyLaw.ai