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GOVERNMENT OF KARNATAKA
 
NOTIFICATION
 
 
No. FD 191 CSL 2008, Office of the Commissioner of Commercial Taxes in Karnataka,Gandhingar, Bangalore,
Dated : 26.11.2008.
 
     

Whereas the draft of the Karnataka Value Added Tax (Amendment)Rules, 2008, 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 191 CSL 08, dated: 19th September, 2008, in part IV A of the Karnataka Gazette (Extraordinary) No. 1041, dated 19th September 2008, inviting objections or suggestions from all the persons likely to be affected thereby, and notice was given that the said draft will be taken into consideration after fifteen days from the date of its publication in the official Gazettee.

And, whereas the said Gazette was made available to the public on 19th September, 2008. And whereas the objections and suggestions received in respect of the said draft rules have been considered by the Government. Now, therefore in exercise of the powers conferred by 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

  • Title and commencement:-
    1. These rules may be called the Karnataka Value Added Tax (Third Amendment) Rules, 2008.
    2. They shall come into force with effect from the first day of December, 2008.
  • Amendment of rule 38.- In rule 38 of the Karnataka Value Added Tax Rules, 2005 (hereinafter referred to as the said rules),-
    1. in sub-rule (1), for the proviso, the following shall be substituted, namely:- Provided that any registered dealer unable to furnish any certificate of deduction of tax at source along with the return as required in Form VAT 100 shall furnish such certificate within a period of ten days from the last day for submitting the return.
    2. in sub-rule (3), after the words "twenty first day", the words " or sixteenth day, as the case may be", shall be inserted.
  • Amendment of rule 44.- In rule 44 of the said rules, in sub-rule (3) in clause (b) for the words "fifteen days ", the words "twenty days" shall be substituted.
  • Amendment of rule 138.- In rule 138 of the said rules, clause (8) shall be omitted.
  • Amendment of rule 139.- In rule 139 of the said rules, clause (8) shall be omitted.
  • Amendment of rule 140.- In rule 140 of the said rules, clause (8) shall be omitted.
  • Amendment of rule 142.- In rule 142 of the said rules, for the words "within a period of four consecutive quarters", the words "in a year" shall be substituted.
  • Insertion of new rule 166:- In Part XI of the said rules, before rule 167, the following shall be inserted, namely:- "166. Application of dealer to transfer excess input tax.-
    1. A registered dealer opting to transfer any excess input tax credit under sub-section (2-A) of Section 46 shall make an application to the jurisdictional local VAT officer or VAT sub-officer within thirty days from the date of cancellation of his registration giving the particulars of the circumstances of cancellation of registration, the amount of excess input tax credit as certified by a Chartered Accountant; and the transferee. Provided that any application in respect of cancellation of registration prior to the commencement of the Karnataka Value Added Tax (Third Amendment) Rules, 2008 may be made within thirty days from the date of such commencement.
    2. The jurisdictional VAT officer or VAT sub-officer shall pass an order on such application within thirty days from the date of the application made under sub-rule (1), indicating the amount of excess input tax credit that is available for utilization by the transferee: Provided that no order rejecting or modifying the claim of any registered dealer under sub-rule (1) shall be made without giving an opportunity of being heard.
    3. The transferee claiming input tax credit in any return submitted by him shall furnish along with the return a copy of the order passed under sub-rule (2).
  • Amendment of Form VAT 100.- In Form 100 of the said rules.-
    1. after box 4.9, the following shall be inserted, namely:- Note: If you exercise option "Yes" in both box numbers 4.7 and 4.8, then the option exercised in respect of box number 4.8 alone will be considered"
    2. after box number 10.4, the following box shall be inserted, namely:-
      10.41 Non-deductible input tax on return of goods purchased
  • Amendment of Form VAT 120.- In Form VAT 120 of the said rules,-
    1. after box 2.9, the following shall be inserted, namely:-
      2.9.1 Tax deducted at source (Certificate enclosed)
      2.9.2 Balance tax payable (2.9 - 2.9.1)
    2. after box 5.3, the following shall be inserted, namely:-
      5.3.1 Refund */ Credit carried forward *(Strike out whichever is not applicable)
 
 
(B.A. Harish Gowda) Comissioner of Commercial Taxes in Karnataka, Bangalore
 
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