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VAT2005-34
NOTIFICATION
No. FD 306 CSL 2005(I), Bangalore, dated 26-7-2005
The draft of the following rules to amend the Karnataka Value Added Tax Rules, 2005 which the Government of Karnataka proposes to make in exercise of the powers conferred by sub-section (1) of Section 88 of the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) is hereby published as required by the said sub-section for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after ten days from the date of its publication in the Official Gazette.
Any objection or suggestion, which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government. Objections or suggestions may be addressed to the Principal Secretary to the Government, Finance Department, Vidhana Soudha, Bangalore - 560 001.
DRAFT RULES
  1. Title and commencement.-
   
  (1) These rules may be called the Karnataka Value Added Tax (Amendment) Rules, 2005.
  (2) They shall come into force from the date of their publication in the Official Gazette.
     
  2. Amendment of Rule 3.-
    In the Karnataka Value Added Tax Rules, 2005 (hereinafter referred to as the said rules), in rule 3, after sub-rule(2), including the explanations, the following shall be and shall always be deemed to have been inserted, namely:-
    “(3) (a) A dealer opting to pay tax on the sale of goods under sub-section (4) of Section 4, shall report his option in writing to the jurisdictional Local VAT officer or VAT sub-officer within fifteen days from the commencement of these rules or on the first day of any month after such commencement, indicating the date from which he so opts.
    (b) Notwithstanding anything contained in clause (b) of sub-rule (1) and sub-rule (2), the total turnover of such dealer in respect of sale of such goods where such sale has taken place inside the State, shall be the aggregate of the maximum retail prices of the goods sold and all amounts collected by way of tax under the Act, and the taxable turnover in respect of such sales shall be determined by allowing deductions specified in clauses (d), (h) and (i) of sub-rule (2) from the total turnover.
    (c) The tax invoice issued by such dealer shall contain the details of maximum retail price of the goods in addition to the details prescribed in rule 29.”
     
  3. Amendment of Rule 128.-
    In rule 128 of the said rules, in sub-rule(7), after the words “a copy of such order”, the words “along with an advice” shall be and shall always be deemed to have been inserted.
     
  4. Amendment of Rule 131.-
    In rule 131 of the said rules, in sub-rule(4), in clause (a), after the words “of India”, the words “and those sold in the course of import into the territory of India” shall be and shall always be deemed to have been inserted.
     
  5. Amendment of Rule 136.-
    In rule 136 of the said rules, for clause (3), the following shall be and shall always be deemed to have been substituted, namely,-
    “ (3) be liable to pay tax at the rate or rates specified in Section 4 on his taxable turnover together with penalties and interest, if he does not satisfy any of the conditions prescribed in rule 135 even during the period of pendency of his application in Form VAT 1.”
     
  6. Amendment of Rule 138.-
    In rule 138 of the said rules, for the words “other than a dealer executing works contracts, a dealer who is a hotelier or restaurateur or caterer and a dealer producing granite metal by using stone crushing machinery, opting to pay tax by way of composition under”, the words “opting to pay tax by way of composition under clause (a) of sub-section (1) of ” shall be and shall be deemed to have been substituted from the seventh day of June, 2005.
     
  7. Amendment of Rule 139.-
    In rule 139 of the said rules, for the words “executing a works contract and every dealer who is a hotelier or a restaurateur or caterer, opting to pay tax by way of composition under”, the words “opting to pay tax by way of composition under clause (b) or (c) of sub-section (1) of” shall be and shall be deemed to have been substituted from the seventh day of June, 2005.
     
  8. Amendment of Rule 142.-
    In rule 142 of the said rules, for the words “other than a dealer executing works contracts, a dealer who is a hotelier or restaurateur or caterer and a dealer producing granite metal by using stone crushing machinery, opting to pay tax by way of composition and whose total turnover within a period of four consecutive quarters exceeds the threshold provided for under Section 15”, the words “opting to pay tax by way of composition under clause (a) of sub-section (1) of Section 15 and whose total turnover within a period of four consecutive quarters exceeds the threshold specified therein ” shall be and shall be deemed to have been substituted from the seventh day of June, 2005.
     
  9. Amendment of Rule 143.-
    In rule 143 of the said rules, for the words “executing works contracts or a dealer who is a hotelier or restaurateur or caterer, who has opted to pay tax by way of composition”, the words “who has opted to pay tax by way composition under clause (b), (c) or (d) of sub-section (1) of Section 15” shall be and shall be deemed to have been substituted from the Seventh day of June, 2005.
     
  10. Amendment of Rule 169.-
    In rule 169 of the said rules, in sub-rule (1),
    (i) for the word and figures “rule 163”, the word and figures “rule 168” shall be and shall always be deemed to have been substituted.
    (ii) after sub-rule (1), the following proviso shall be and shall always be deemed to have been inserted, namely:-
    “Provided that a person enrolled as a Sales Tax Practitioner by the Commissioner under the Karnataka Sales Tax Act, 1957 (Karnataka Act 25 of 1957), before or after the commencement of these rules shall be deemed to have been enrolled as a Tax Practitioner under these rules”
 
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