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VAT2006-22
NOTIFICATION
NO.FD 541 CSL 2005 Bangalore, Dated: 31st March 2006
Karnataka Gazette, Extratordinary, dated31-03-2006
Whereas the draft of the following rules further to amend the Karnataka Value Added Tax Rules, 2005 was published as required by sub-section (1) of Section 88 of the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) in notification No.FD 541 CSL 2005, dated 19th January, 2006, in the Karnataka Gazette(Extraordinary), dated 19th January, 2006 inviting objections and suggestion from all the persons likely to be affected thereby, within ten days from the date of its publication in the Official Gazette.

Whereas the said Gazette was made available to the public on 19th January, 2006.
And, whereas the objections and suggestions received by the Government have been considered.
Now, therefore 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), the Government of Karnataka hereby makes the following rules, namely:-
RULES
1. Title and commencement.-
(1) These rules may be called the Karnataka Value Added Tax (Amendment) Rules, 2006.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Amendment of rule 33.-
In the Karnataka Value Added Tax Rules, 2005 (hereinafter referred to as the said rules), in rule 33, in sub-rule(16), for the words “within ten days”, the words “within twenty five days” shall be substituted.
3. Substitution of rule 37.-
For rule 37 of the said rules, the following shall be substituted, namely:-
“37. Tax period.-
The tax period for the purposes of section 35 shall be as follows, namely:-
(1) In the case of registered dealers, other than those dealers opting for payment of tax by way of composition under section 15, whose turnover in a period of four consecutive quarters does not exceed fifteen lakhs rupees, shall be a quarter.
(2) In the case of other registered dealers, it shall be one calendar month.
Explanation:- For the purposes of clause (1), a quarter shall mean any period ending on the final day of the months of March, June, September and December of calendar year.”
4. Amendment of rule 38.- In Rule 38 of the said rules,-
(i) in sub-rule (1), for the words “monthly return”, the words “monthly or quarterly return as the case may be” shall be substituted;
(ii) in sub-rule (4), for the words “monthly return”, the words “monthly or quarterly return as the case may be” shall be substituted.
5. Amendment of rule 54.-
In rule 54 of the said rules, in sub-rule (2), after the words “tax concession”, the words, brackets and figures “under sub-section (2) of section 5 or section 42” shall be inserted.
6. Substitution of rule 126.-
For rule 126 of the said rules, the following shall be substituted, namely,-
“126. Authorisation of officers.- Any officer authorized under the Act, to recover tax and penalty or demand payment of any tax, penalty, fee or any other amount payable under the Act or rules made thereunder shall have the power to recover such amount due together with any interest payable by exercising powers under section 45.”
7. Amendment of rule 128.-
  For rule 128 of the said rules,
(i) for sub-rule (1), the following shall be substituted, namely:-
“(1) Where a dealer is eligible for refund of tax, under sub-section (5) of section 10 on the basis of the return submitted for any month during a year or on the basis of any final return submitted under sub-section (4) of section 27, after adjustment under Rule 127, the officer authorized by the Commissioner in this behalf shall proceed to issue to such dealer a refund payment order in Form VAT 255 sanctioning refund of such amount, within thirty five days after the end of the month for which such return is furnished within the time specified under section 35
or within fifteen days from the date of receipt of such return, if it is filed after the time specified or within thirty-five days from the date of receipt of such final return.”
(ii) sub-rule (2) shall be omitted.

8. Amendment of rule 134.- In rule 134 of the said rules,-
(i) for sub-rule (1), the following shall be substituted, namely:-
“(1) The Commissioner or the Joint Commissioner authorized by him subject to such conditions as specified by him, may permit under section 16, the taxable turnover of sales by a registered dealer who makes sales of goods by retail directly to the consumer to be determined by a method agreed with that dealer or by any method described in a notice issued by him for the purposes of this rule.”;
(ii) for sub-rule (2), the following shall be substituted, namely:-
“(2) Such registered dealer may be permitted to calculate tax on his sales by one of the methods specified under this rule.”
9. Amendment of rule 157.-
In rule 157 of the said rules, in sub-rule (2), for clause (a), the following shall be substituted, namely:-
“(a) The delivery note in Form VAT 505 affixed with a hologram shall be obtained by a dealer from the Local VAT officer or VAT sub-officer on payment of two rupees per form and any form obtained before the commencement of the Karnataka Value Added Tax (Amendment) Rules, 2006 shall be invalid after fifteen days from the date of such commencement:
Provided that no payment shall be made by a dealer for obtaining the delivery notes in Form VAT 505 affixed with a hologram, to the extent of delivery notes obtained by him before the commencement of the Karnataka Value Added Tax (Amendment) Rules, 2006 that are surrendered to the local VAT officer or VAT sub-officer.”
10. Amendment of rule 166.-
In rule 166 of the said rules,-
(i) in sub-rule (1),-
(a) for the words “any registered dealer”, the words, commas and figures “subject to input tax restrictions specified in sections 11, 12 and 19, any registered dealer” shall be substituted;
(b) for the words “for they are held in stock”, the words “form they are held in stock in the State” shall be substituted.
(ii) after sub-rule (5), the following shall be inserted, namely:-
“(5-A) No relief shall be allowed under sub-rule (1), in respect of any goods taxable under the Act held in stock, which are sold in the course of inter-State trade or commerce on which no tax is payable under the Central Sales Tax Act, 1956 (Central Act 74 of 1956).”

(iii) in sub-rule(7), after the words “as relief”, the words, figure and brackets “and where he has grounds to believe that the relief claimed under sub-rule (1) is incorrect, based on any information available, he may issue a revised certificate, after giving the dealer an opportunity of showing cause against issue of such revised certificate” shall be inserted.
11. Amendment of rule 169.-
In rule 169 of the said rules, in sub-rule (1), for the word and figures “Rule 163”, the word and figures “rule 168” shall be substituted.
12. Amendment of Form VAT 156.-
In Form VAT 156 of the said rules, in item 2, for sub-item (ii), the following shall be substituted, namely:-
“(ii) TIN and LVO or VSO”.
13. Amendment of Form VAT 255.-
In Form VAT 255 of the said rules, item 2 shall be omitted.
 
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