Bare ActsThe SIKKIM VALUE ADDED TAX ACT 2005

Section 8

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

C}L{PTER III INCIDENCE,I,EVY AND RATE OF TAX Incidence (,l (ax Every dealer, - (a) whose gr oss tumover of s,iles duing the year irnmediately preceding the commencement of this Act, - (i) who has been liable inrmediately before the appointed day to pay tax under the . Sikkim Sales Tax Act, 1983 or the Central Act, or (ii) whose gross tumover duing a year fi$t exceeds the taxable llr i on dle day immedialely preceding the appointed day, and (b) who is in possession ofa rcgistration cedflcate under ihe Sikkirn Sales Tax Act, 1983 before the appointed day and to whom c)ar]se (a) does notapply, shall be liable to pay tax Lrnder$is Acton a1l sales eflectedon or-idier the appoinred day. Every dealer on whom sub-section (l) doesnotapply shall, ilhis gross tumolerofsales calculated from Lhe commencement of any yeat exceeds the tixabie limit at any lime within such year, beliable to pay ta,\ underthis Acton all sales, ellected on and from the date immediately 1b1lowing the day on which such goss turnover ofsales fustexceeds the taxable limit ln this Acl, theexplession "taxable limit" means in.elation to anydealer (a) who impolts for sale any goods into Sikkim, lbr himselfor (1) (2) (3) on behalf of his principal NIL (b) who manulactures or prodlLces any Soods for sale Rupees 2,00,000/- (c) who is engaged in any other business other tllan clauses (a) and (b) (d) involved in the execulion ofworks conffact . . . Rupees Rupees 2,00,000/' , 1,00,000/- (4) The State Gove.rment may, by notilication in the Olficial Gzzette, increase the taxable liFit, in the case of any class of dealers, not exceeding rupees tiliy lakhs, from time to tiEe. Every dealer who has become liable to pay lax under sub-section (1) or Sub-seclion (2) shall continue to be so liable until the expiry ofthree consecutive yea6, dudng each of which his (5) 10 gross tumover ofsales has laiied to exceed the taxable limit o. sltch fu her period after the dale ofsuch expiry as rnay be allowed by the general or speclal order notllied by thc Coinmissioner and on thc expitl ofthis period hjs liabjlity to pay tax under sub-section (l) or sub section (2) shallccase. Expl;ination - For thc puilose olsub-section (5) in computing the pedod ofthree consccu0\ e Jrecr\ ln rcspccl oI a dealer !vho has hecorie liablc to pay tax undcr sub-seclion ( i ). thrce yeers which expired betbrc the appoinred day during lvhjch or each ofwhich the gross tumover fai led to excccd the taxable llmitshall nol bc includcd. (6) Evcry dealerwhose liability to pay tax under sub-section (1) or.sub,section (2) has ceased ufder sub scction (5), shall, rlhis gtoss turnover olsales calculated from the commencement ofany ycar again exceeds the taxable limlt aL any rime within snch year, he shallbe liatrle to pay such tax on all sales. eflected on and from the date immediately following the day on which such gross tl]moler olsales agair] firslexceeds the taxable llmit. (7) The Co.lmissjonershall. alter making such enqujry as he may think necessary and afterglving lhe dealer an opporlunlty ofheing heard, fix thc date on and fron which such dealer shall becorne Iiable 1o pay a tax Lrndcrslrh scction (2) orslth-section (5).

Section 8 – The SIKKIM VALUE ADDED TAX ACT 2005 | DailyLaw.ai