2. |
Amendment of rule 3.- |
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In the Karnataka Value Added Tax Rules, 2005 ( hereinafter referred to as the said rules), after sub-rule (3), the following shall be inserted, namely:- |
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(4) |
(a) Notwithstanding anything contained in clause (b) of sub-rules (1) and sub-rule (2), the total turnover in respect of a dealer liable to pay tax on sale of manufactured tobacco under sub-section (5) of Section 4, where the sale has taken place inside the State, shall be aggregate of maximum retail prices of the goods sold 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. |
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(b) The tax invoice issued by such dealer shall contain the details of maximum retail price of the goods in addition to details specified in rule 29. |
| 3. |
Amendment of rule 4.- |
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In the rule 4 of the said rules, in clause (iv), for the word, letters and figure “Form VAT-2”, the word, letters and figure “Form VAT 1” shall be substituted. |
| 4. |
Amendment of rule 9.- |
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In rule 9 of the said rules, after sub- rule (2), the following shall be inserted, namely:- |
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'(3) The Commissioner shall, authorize any Local VAT Officer or VAT Sub-officer to assign a Tax Deducting Authority Identification Number (DIN) to the Central Government or any State Government or others specified under sub-section (1) of Section 9-A for the purposes of deduction and remittance of tax.’ |
| 5. |
Amendment of rule 15.- |
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In rule 15 of the said rules, after sub-rule (3), the following shall be inserted, namely:- |
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“(4) The legal heir or heirs of a deceased individual dealer requiring for transfer of registration under the proviso to sub-section (1) of section 27 shall make an application in form VAT 1 along with,- |
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(a) the death certificate issued by the competent authority; |
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(b) a sucessation certificate obtained from the competent court; |
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(c) a sworn affidavit of the legal heirs who do not opt for inclusion of their name in the registration or consenting for inclusion of the name or names of other legal heir or heirs; |
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(d) a sworn affidavit undertaking to pay any tax or other amount due under the Act by the deceased individual. |
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(5) The Registering Authority may, after such enquiry as he may deem fit, permit transfer of registration to the applicant or applicants.” |
| 6. |
Amendment of rule 33.- |
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In rule 33 of the said rule, for sub-rules (3), the following shall be substituted, namely:- |
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“(3) Every dealer shall maintain a VAT account containing details of input and output tax, together with credit and debit notes issued during any tax period.” |
| 7. |
Amendment of rule 37.- |
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In rule 37 of the said rules, in clause (1), for the words “turnover in a period of four consecutive quarters does not exceed fifteen lakhs rupees”, the words “total turnover in a year does not exceed twenty five lakh rupees shall be substituted. |
| 8. |
Amendment of rule 38.- |
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In rule 38 of the said rules, (1) for sub-rule (1) including the proviso, the following shall be substituted, namely:- |
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“ (1) |
Every registered dealer shall submit a monthly or quarterly return as the case may be, containing net values of sales, purchases and other transactions, input and output tax claimed or collected and net tax relating to all of his places of business, and accompanied by proof of full payment of any tax due including any certificate of deduction of tax at source and a statement containing the details of purchases made within the State from other registered dealers in respect of which he is eligible to claim deduction of input tax and sales made to other registered dealers in the State to the jurisdictional Local VAT Officer or VAT Sub-Officer in Form VAT 100 within twenty days after the end of the relevant month where the tax period is a calendar month or fifteen days after the end of the relevant quarter where the tax period is a quarter: |
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VAT 100 shall furnish such certificate within a period of ten days from the last day for submitting the return. |
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Provided further that the form of monthly or quarterly in respect of dealers liable to pay tax under sub-sections (4) and (5) of Section 4 including any tax liability under sub-section (1) of Section 4, shall be in Form VAT 105. |
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Provided also that the return in Form VAT 100 for any month commencing from the first day of April, 2010 shall be in the form as substituted in the Karnataka Value Added Tax (Amendment) Rules, 2010.” |
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(2) |
Sub-rules (8) and (9) shall be omitted. |
| 9. |
Amendment of rule 43.- |
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In rule 43 of the said rules, in sub- rule (2), for the word, letters and figures “Form VAT 100”, the word, letters and figures “Form VAT 110” shall be substituted. |
| 10. |
Amendment of rule 47.- |
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In rule 47 of the said rules,- |
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(1) |
in sub-rule (1),- |
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(a) for the words “to be assessed separately by”, the words “to file a separate return to”, shall be substituted; |
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(b) after the words “as a separate business”, the words “and to be assessed or reassessed separately but by the same officer as authorised by the Commissioner”, shall be inserted ; |
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(2) |
in sub-rule (2), for the words and letters “Section 10”, the word and letters “Section 22” shall be substituted. |
| 11. |
Amendment of rule 50.- |
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In rule 50 of the said rules,- |
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(1) |
in sub-rule (1), in clause (a), the following proviso shall be inserted, namely:- |
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“Provided that the specified class of dealers as may be notified by the Commissioner shall pay tax or any other amount due under the Act or these Rules, by electronic remittance through internet in the manner specified in the notification.” |
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(2) |
Sub-rules (2) shall be omitted. |
| 12. |
Amendment of rule 125.- |
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In rule 125 of the said rules, in sub-rule (4), for the words “notice on of”, the words “notice of” shall be deemed to have been substituted from the first day of April, 2005. |
| 13. |
Amendment of rule 127.- |
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In rule 127 of the said rules, for the proviso, the following shall be substituted, namely:- |
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“Provided that a dealer who fails to furnish particulars of preparation of the return as required under proviso to sub-section (1) of Section 35 shall not be eligible to make the adjustment as provided above.” |
| 14. |
Amendment of rule 128.- |
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In rule 128 of the said rules, for the proviso, the following shall be substituted, namely:- |
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“Provided that a dealer who fails to furnish particulars of preparation of the return as required under proviso to sub-section (1) of Section 35 shall not be eligible for refund as long as it is not furnished.” |
| 15. |
Amendment of rule 130.- |
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In rule 130 of the said rules, for sub-rule (1), the following shall be substituted, namely;- |
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“(1) |
Reimbursement of tax under Section 21 shall be subject to the conditions that, |
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(a) the goods are purchased from a registered dealer who has not opted for composition of tax under Section 15; |
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(b) the value of the goods purchased excluding the amount of tax charged in any single tax invoice is not less than two thousand five hundred rupees; and |
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(c) the person claiming reimbursement of tax makes an application in Form VAT 165 to the Commissioner within one hundred and eighty days from the date of purchase, together with copies of the corresponding invoices.” |
| 16. |
Insertion of new rule 130-B.- |
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After rule 130-A of the said rules, the following new rule shall be inserted, namely:- |
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“130-B.- 1) Any person claiming refund of tax under clause (b) of sub-section (6) of Section 4 shall make an application in Form VAT 166 to the jurisdictional Local VAT Officer or VAT Sub-Officer within sixty days from the date of purchase, together with the copy of the tax invoice. |
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(2) |
On receipt of the application, if the Local VAT Officer or VAT Sub-Officer is satisfied, after causing such inquiry as he considers necessary, that the claim for refund is valid and admissible, he shall pass order for refund of the amount or any part thereof and issue to the applicant a refund payment order in Form VAT 255 within sixty days rom the date of application”. |
| 17. |
Amendment of rule 138.- |
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(1) |
In rule 138 of the said rules, in clause (5), the words “and a statement relating to his registration in Form VAT 6 along with the quarterly return submitted in respect of the last quarter of that year in which there is a change in the details of his registration” shall be omitted. |
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(2) |
after clause (7), the following shall be inserted, namely:-
“(8) where he is also liable to pay tax under Section 4, shall submit returns in Form VAT 100 and Form VAT 120 within the time prescribed.” |
| 18. |
Amendment of rule 139.- |
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In rule 139 of the said rules, |
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(1) |
in clause (5), the words “and a statement relating to his registration in Form VAT 6 along with the monthly return submitted in respect of the last month of that year in which there is a change in the details of his registration” shall be omitted; |
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(2) |
after clause (7), the following shall be inserted, namely:- |
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“(8) where he is also liable to pay tax under Section 4, shall submit returns in Form VAT 100 and Form VAT 120 within the time prescribed.” |
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(3) |
the following proviso shall be inserted, namely:- |
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“Provided that any registered dealer unable to furnish any certificate of deduction of tax at source along with the return in Form VAT 120 shall furnish such certificate within a period of ten days from the last day for submitting the return.” |
| 19. |
Amendment of rule 140.- |
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In rule 140 of the said rules, |
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(1) |
in clause (5), the words, letters and figure “and a statement relating to his registration in Form VAT 6 along with the quarterly return submitted in respect of the last quarter of that year in which there is a change in the details of his registration” shall be omitted; |
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(2) |
after clause (7), the following shall be inserted, namely:- |
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“(8) where he is also liable to pay tax under Section 4, shall submit returns in Form VAT 100 and Form VAT 120 within the time prescribed.” |
| 20. |
Amendment of rule 153.- |
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In rule 153 of the said rules, for sub-rule (4), the following shall be substituted, namely:- |
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“(4) Every appeal under sub-section (1) of Section 66 against an order passed by the Authority under Section 60 shall be in Form VAT 486 and shall be verified in the manner specified therein and shall be accompanied by the original order or a certified copy of the order of the Authority appealed against.” |
| 21. |
Amendment of rule 159.- |
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In rule 159 of the said rules, |
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(1) |
in sub-rule (3), after the words “accompanies the goods vehicle”, the words, brackets, figures and letters “and any proof of entering in the website, particulars of goods carried as specified in clause (a) of sub-section (2-A) of Section 53” shall be inserted; |
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(2) |
in sub-rule (4), in clause (a), after the words, brackets, figure “sub-section (2) or”, the words, brackets, figure and letter “sub-section (2-A) or” shall be inserted. |
| 22. |
Insertion of new rule 164.- |
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After rule 163 of the said rules, the following new rule shall be inserted, namely:- |
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“164 Definitions.- In this part, unless the context otherwise requires.- |
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(1) |
“Advance Ruling” means a determination by the Authority in relation to a transaction which has been undertaken by a dealer registered under the Act; |
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(2) |
“Applicant” means any dealer who is registered under the Act; |
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(3) |
“Application” means an application made to the Authority under sub-section (2) of Section 60; |
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(4) |
“Authorised representative’.- |
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(i) in relation to an applicant shall have the meaning assigned to it under Section 86; |
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(ii) in relation to the Commissioner, means any officer authorized by the Commissioner in writing to appear, plead and act for the Commissioner in any proceedings before the Authority; |
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(5) |
“Authority” means the Authority for Clarification and Advance Rulings constituted under Section 60; |
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(6) |
“Case” means any proceedings under Section 60 in respect of an applicant; |
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(7) |
“Chairman” means the Chairman of the Authority; |
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(8) |
“Member” means a member of the authority and includes the Chairman; |
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(9) |
“Order” includes any order, direction or ruling of the authority; |
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(10) |
“Secretary” means any officer designated as the Secretary of the authority.
Words and expressions used and not defined herein but defined in the Act, shall have the meanings respectively assigned to them in the Act. |
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165.- |
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(1) |
The Commissioner may authorize any officer to act as the Secretary of the Authority that he may constitute. |
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(2) |
An application under sub-section (2) of Section 60 manner indicated therein by the Secretary and every such application shall be accompanied by a fee of one thousand rupees. |
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(3) |
The fees specified in sub-rule(1) above shall be paid by way of crossed demand draft in favour of the Commissioner of Commercial Taxes in Karnataka, Bangalore. |
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(4) |
An applicant may withdraw an application made under sub-section (1) of Section 60 within thirty days from the date of application. |
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(5) |
On receipt of an application, the Secretary shall cause a copy thereof to be forwarded to the Joint Commissioner within whose administrative jurisdiction the applicant is registered and call for his finding on the clarification sought or question raised and also production of any information or records. |
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(6) |
The Commissioner may constitute an Authority consisting of at least three Additional Commissioners as members in respect of any application filed and authorize the senior most member to act as the Chairman. |
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(7) |
The Authority may, after examining the application and any records called for, by order, either, admit or reject the application on recording reasons for any rejection. |
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(8) |
The Authority shall not admit the application where the question raised in the application., |
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(a) is already pending before any officer or authority of the Department or any other Authority constituted under sub-rule (6) or Appellate Tribunal or any Court in any proceedings before them; or |
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(b) relates to a transaction or issue which is designed apparently for the avoidance of tax. |
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(9) |
No application shall be rejected under sub-rule (7) unless an opportunity has been given to the applicant to show cause in writing against such rejection, and where the application is rejected, reasons for such rejection shall be given in the order. |
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(10) |
The authority shall hear and determine an application made under sub-section (2) of Section 60 and such other applications, petitions and representations of an interlocutory, incidental or ancillary nature as may be necessary for a complete and effective disposal of the application. |
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(11) |
Where an application is admitted under sub-rule (7), the Authority shall, after examining such further material as may be placed before it by the applicant or obtained by the heard to the applicant, if he so desires and also the Local VAT Officer or VAT sub-officer or Registering Authority or any other officer connected with the case. |
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(12) |
The authority shall pass an order within three months of the receipt of any application, and a copy of every order made under Section 60 shall be sent to the applicant and the officer concerned. |
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(13) |
The Secretary shall have the custody of the records of the Authority and shall exercise such other functions as are assigned to him under these rules or by the Commissioner by a separate order. |
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(14) |
The official seal of the Authority shall be kept in custody of the Secretary. |
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(15) |
The Secretary shall also have the following powers and duties namely.- |
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(a) to receive all applications filed before the Authority.
(b) to scrutinize the applications to find out whether they are in conformity with the Act, the rules and the procedure;
(c) to point out defects in such application to the parties and grant time to remove the defects and where, within the time granted, the defects are not removed, to obtain necessary orders of the Authority;
(d) to fix the date of hearing for the applications in consultation with the members of the Authroity and direct the issue of notices there for;
(e) to issue notices or other processes and to ensure that the parties are properly served with notices or orders;
(f) to requisition records from the custody of any person including any authority;
(g) to allow inspection of records of the Authority:
(h) to direct any formal amendment of the records of the Authority;
(i) to grant certified copies of the orders of the Authority to the parties; and
(j) to grant certified copies of documents filed in the proceedings to the parties in accordance with the rules. |
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(a) Any requisition, direction, letter, authorization or written notice to be issued by the Authority, shall be signed by the Secretary.
(b) Nothing in clause (a) shall apply to any requisition or direction which the Authority may, in the course of the hearing, issue to an applicant or any authority or an authorized representative |
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(a) The Authority may at its discretion permit or require the applicant to submit such additional facts as may be necessary to enable it to pronounce its clarification or advance ruling.
(b) Where in the course of the proceedings before the Authority a fact is alleged which cannot be borne out by, or is contrary to, the record, it shall be stated clearly and concisely and supported by a duly sworn affidavit |
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The applicant shall not, except by leave of the Authority be heard in support of any additional question not set-forth in the application, but in deciding the application, the Authority shall at its discretion consider all aspects of the questions set-forth as may be necessary to pronounce a ruling on the substance of the questions posed for its consideration. |
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(19) |
An authorized representative appearing for the applicant at the hearing shall file, before the commencement of the hearing a document authorizing him to appear for the applicant and, if he is a relative of the applicant, the document shall state the nature of his relationship with the applicant or, if he is a person regularly employed by the applicant, the capacity in which he is at the time employed. |
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(20) |
Where the applicant dies or is wound up or dissolved or disrupted or amalgamated or succeeded to y any other person or otherwise comes to an end, the application shall not abate and may be permitted by the Authority, where it considers that the circumstances justify it, to be continued by the executor, administrator of other legal representative of the applicant or by the liquidator, receiver of assignee, as the case may be, on the application made in this behalf. |
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(21) |
(a) Where, on the date fixed for hearing or any other day to which the hearing may be adjourned, the applicant or the officer concerned does not appear in person or through an authorized representative when called on for hearing, the Authority may dispose of the application exparte on merits. |
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(b) Where an application has been disposed of under clause (a) above and the applicant or the officer concerned applies within fifteen days of receipt of the order and satisfies the Authority that there was sufficient cause for his non-appearance when the application was called upon for hearing, the Authority may, after allowing the opposite party a reasonable opportunity of being heard, make an order setting aside the ex parte order and restore the application for fresh hearing. |
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(22) |
Where the Authority finds on its own motion or on a representation made to it by the applicant or the officer concerned, but before the clarification or ruling pronounced by the Authority has been given effect to by the officer concerned, that there is a change in law or facts on the basis of which the clarification or ruling was pronounced, it may by order modify such ruling in such respects as it considers appropriate, after allowing the applicant and the officer a reasonable opportunity of being heard. |
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(23) |
(a) The Authority may within ninety days of passing of any clarification or advance ruling, with a view to rectifying any mistake apparent from the record, amend such order passed by it before the clarification or advance ruling pronounced by the Authority has been given effect to by the officer concerned. |
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(b) An amendment under clause (a) may be made on the Authority’s own motion or when the mistake is brought to its notice by the applicant or the officer concerned within sixty days from the date of passing of the order or advance ruling, but only after allowing the applicant and the officer, reasonable opportunities of being heard. |
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(24) |
If at any stage of the proceedings before the Authority it appears that there is any factual or material error in the records, the same shall be amended after hearing the applicant and the officer concerned. |
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(25) |
(a) The applicant or the officer concerned or an authorized representative may be allowed to inspect the records of the case on making an application in writing to the Secretary. |
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Provided that only those documents shall be allowed to be inspected which have been relied upon in the proceedings before the Authority. |
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(b) The inspection shall be allowed only in the presence of an officer of the Authority and the applicant may be permitted to make notes of inspection but not to take copies of any document. |
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(c) Fees for inspecting records of the Authority shall be charged from the applicant as follows.- |
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(i) One hundred rupees for the first hour or part thereof, and
(ii) Fifty rupees or every additional hour or part thereof.
(iii) Fees for inspection shall be paid in advance in cash. |
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(26) |
(a) Every order of the Authority under Section 60 shall be duly signed by the members and bear the official seal of the Authority. |
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(b) One certified copy of such order of the Authority shall be communicated to the applicant and the officer concerned under the signature of the Secretary and bear the official seal of the Authority. |
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(27) |
The provisions contained in these rules for the hearing and disposal of an application under sub-section (2) of Section 60 shall apply mutatis mutandis to the hearing and disposal of all other applications, petitions and representations before the Authority. |
| 23. |
Substitution of Form VAT 1.- |
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For Form VAT 1 of the said rules, the following form shall be substituted, namely:- |