63
The Sales Tax Act, 1990 HumBal

The sales tax, act 1990

Embed Size (px)

Citation preview

Page 1: The sales tax, act 1990

The Sales Tax Act, 1990

HumBal

Page 2: The sales tax, act 1990

CHAPTER 1 (PRELIMINARY)

Section 1

Short title, extend and commencement

HumBal

Page 3: The sales tax, act 1990

CHAPTER 1 (PRELIMINARY)

Section 2

Definitions

HumBal

Page 4: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 3

Scope of tax3B: Collection of excess sales tax etc

HumBal

Page 5: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 4

Zero rating

HumBal

Page 6: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 5Change in the rate of tax

HumBal

Page 7: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 6Time and manner of payment

HumBal

Page 8: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 7Determination of tax liability7A. Levy and collection of tax on specified goods on value addition

HumBal

Page 9: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 8Tax credit not allowed8A. Joint and several liability of registered persons in supply chain where tax unpaid8B. Adjustable input tax

HumBal

Page 10: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 9Debit and credit note

HumBal

Page 11: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 10Refund of input tax

HumBal

Page 12: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 11Assessment of tax and recovery of tax not levied or short levied or erroneously refunded11A. short paid amounts recoverable without notice

HumBal

Page 13: The sales tax, act 1990

CHAPTER 2 (SCOPE AND PAYMENT OF TAX)

Section 13

Exemption

HumBal

Page 14: The sales tax, act 1990

CHAPTER 2 (REGISTRATION)

Section 14Registration

HumBal

Page 15: The sales tax, act 1990

CHAPTER 3 (REGISTRATION)

Section 21De-registration, blacklisting and suspension of registration

HumBal

Page 16: The sales tax, act 1990

CHAPTER 4 (BOOK KEEPING AND INVOICING REQUIREMENTS)

Section 22Records

HumBal

Page 17: The sales tax, act 1990

CHAPTER 4 (BOOK KEEPING AND INVOICING REQUIREMENTS)

Section 23Tax invoices

HumBal

Page 18: The sales tax, act 1990

CHAPTER 4 (BOOK KEEPING AND INVOICING REQUIREMENTS)

Section 24Retention of record and documents for six years

HumBal

Page 19: The sales tax, act 1990

CHAPTER 4 (BOOK KEEPING AND INVOICING REQUIREMENTS)

Section 25Access to record, document, etc25A. Drawing of samples25AA. Transactions between associates

HumBal

Page 20: The sales tax, act 1990

CHAPTER 5 (RETURNS)

Section 26Returns

HumBal

Page 21: The sales tax, act 1990

CHAPTER 5 (RETURNS)

Section 27Special return

HumBal

Page 22: The sales tax, act 1990

CHAPTER 5 (RETURNS)

Section 28Final return

HumBal

Page 23: The sales tax, act 1990

CHAPTER 5 (RETURNS)

Section 29Return deemed to have been made

HumBal

Page 24: The sales tax, act 1990

CHAPTER 6 (APPOINTMENT OF OFFICERS OF SALES TAX & THEIR POWERS)

Section 30• Appointment of authorities• 30A. directorate General (Intelligence and Inland Revenue)• 30B. Directorate General Internal Audit• 30C. directorate General of Training and Research• 30D. Directorate General of Valuation• 30DD. Directorate of Post Clearance Audit• 30E. Powers and Functions of Directorate, etc

HumBal

Page 25: The sales tax, act 1990

CHAPTER 6 (APPOINTMENT OF OFFICERS OF SALES TAX & THEIR POWERS)

Section 31Powers

HumBal

Page 26: The sales tax, act 1990

CHAPTER 6 (APPOINTMENT OF OFFICERS OF SALES TAX & THEIR POWERS)

Section 32Delegation of powers32A. Special audit by Chartered Accountants or cost Accountants

HumBal

Page 27: The sales tax, act 1990

CHAPTER 7 (OFFENCES AND PENALTIES)

Section 33Offences and penalties

HumBal

Page 28: The sales tax, act 1990

CHAPTER 7 (OFFENCES AND PENALTIES)

Section 34Default surcharge34A. Exemption from penality and default surcharge

HumBal

Page 29: The sales tax, act 1990

CHAPTER 7 (OFFENCES AND PENALTIES)

Section 37• Power to summon persons to give evidence and produce documents in inquiries under

the Act• 37A. Power to arrest and prosecute • 37B. Procedure to be followed on arrest of a person• 37C. Special Judges• 37D. Cognizance of offences by special judges• 37E. Special judge, etc. to have exclusively jurisdiction• 37F. Provisions of code of criminal procedure, 1898, to apply• 37G. Transfer of cases• 37H. Place of sittings• 37I. Appeal to the High Court

HumBal

Page 30: The sales tax, act 1990

CHAPTER 7 (OFFENCES AND PENALTIES)

Section 38•Authorized officers to have access to premises, stocks, accounts and records

•38A. Power to call for information•38B. Obligation to produce documents and provide information

HumBal

Page 31: The sales tax, act 1990

CHAPTER 7 (OFFENCES AND PENALTIES)

Section 40•Searches under warrant•40B. Posting of Inland Revenue Officer•40C. Monitoring or tracking Electronic or other means

HumBal

Page 32: The sales tax, act 1990

CHAPTER 8 (APPEALS)

Section 45•45A. Power of the Board and Commissioner to call for records

•45B. Appeals

HumBal

Page 33: The sales tax, act 1990

CHAPTER 8 (APPEALS)

Section 46Appeals to Appellate Tribunal

HumBal

Page 34: The sales tax, act 1990

CHAPTER 8 (APPEALS)

Section 47•Reference to high court•47A . Alternative dispute resolution

HumBal

Page 35: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 48Recovery of arrears of tax

HumBal

Page 36: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 49•Sales of taxable activity or transfer of ownership

•49A. Liquidators

HumBal

Page 37: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 50

•Power to make rules•50A. Computerized system•50B. Electronic scrutiny and intimation

HumBal

Page 38: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 51•Bar of suits, prosecution and other legal proceedings

HumBal

Page 39: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 52•Appearance by authorized representative

•52A. e-intermediaries to be appointed

HumBal

Page 40: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 53•Estate of deceased person

HumBal

Page 41: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 54•Estate in bankruptcy

HumBal

Page 42: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 55

•Removal of difficulties

HumBal

Page 43: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 56•Service of orders; decision etc

HumBal

Page 44: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 57•Rectification of mistake

HumBal

Page 45: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 58•Liability for payment of tax in the case of private companies or business enterprises

•58A. Representative•58B. Liability and obligations of representatives

HumBal

Page 46: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 59•Tax paid on stocks acquired before registration

HumBal

Page 47: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 60Powers to deliver certain goods without payment of tax

HumBal

Page 48: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 61•Repayment of tax in certain cases•61A. Repayment of tax to persons registered in Azad Jammu and Kashmir

HumBal

Page 49: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 62•Drawback allowable on re-export

HumBal

Page 50: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 63•Drawback on goods taken into use between importation and re-exportation

HumBal

Page 51: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 64•Power to declare what goods are identifiable and to prohibit drawback in case of specified foreign territory

HumBal

Page 52: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 65•Exemption of tax not levied or short levied as a result of general practice

HumBal

Page 53: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 66•Refund to be claimed within one year

HumBal

Page 54: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 67•Delayed refund

HumBal

Page 55: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 68•Liability of the registered person for the acts of his agent

HumBal

Page 56: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 69•Issuance of duplicate of sales tax documents

HumBal

Page 57: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 70•Computation of limitation period

HumBal

Page 58: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 71•Special procedure

HumBal

Page 59: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 72•Officers of sales tax to follow Board’s orders, etc•72A. Reference to the authorities•72B. Selection of audit by the board•72C. Reward to Inland Revenue Officers and Officials

HumBal

Page 60: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 73•Certain transactions not admissible

HumBal

Page 61: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 74•Condonation of time limit

HumBal

Page 62: The sales tax, act 1990

CHAPTER 9 (RECOVERY OF ARREARS)

Section 75•Application of the provisions of Act IV of 1969 to sales tax

HumBal

Page 63: The sales tax, act 1990

NoteSections 12, 13, 15, 16, 17, 18, 19, 20, 35, 36, 41,42,43,44 are

omitted by amendments

HumBal